Filing A Camp Lejeune Lawsuit: What Are You Required to Prove? 

Everyone is aware of the havoc that the polluted waters of Camp Lejeune have caused. Now, almost 35 years later, when the last contaminated water source has been closed, the victims have the scope to seek compensation for all the harm and suffering they have faced. Earlier, the veterans and their relatives residing at the base didn’t have the option to ask for compensation because of the statute of repose in North Carolina.

However, with the Camp Lejeune Justice Act in August 2022, the veterans and others who have suffered because of the contaminated water can file a lawsuit and seek compensation for the damages they’ve endured. It’s because the act completely overrides the earlier statute of repose.

But one sad reality is that there have been ample delays in processing these legal claims. That doesn’t mean if you have a reason to file a lawsuit, you should shy away from it. In this article, we will discuss all that is required for you to file a Camp Lejeune lawsuit so that you receive the fair compensation that you deserve.

Camp Lejeune Injury Claim: The Evidence You Need

When you decide to file a Camp Lejeune water contamination lawsuit under the CLJA, you will need specific documents to proceed. Here, you need to present the paperwork that will prove that you lived, worked, or served at Camp Lejeune between August 1953 and December 1987.

In certain cases, where civilians are involved, the travel records can act as proof of their visit to the base. It can also be established that they had prolonged exposure to carcinogenic chemicals present in the region’s water.

A few necessary documents that you need to provide to ensure that the verdict is in your favor include:

Proof of Harm

You must include copies of medical reports, records, and diagnoses that are linked to water contamination in this region. TorHoerman Law states that a lawyer can help gather these proofs if you don’t have them. The documents and reports need to reflect that any exposure to the probable contamination sources proves the health effects that can result from exposure during the time you spent at Camp Lejeune.

It is also necessary to establish a service connection that can enable you to receive the benefits that come under the CLJA. And if you don’t have any proper documentation, then proving your eligibility can be impossible.

Proof of Causation

To prove causation in a personal injury case, the plaintiff must offer evidence stating that the defendants didn’t act in a certain way. In most of the personal injury cases, the plaintiff must establish that it was the defendant’s actions that made the plaintiff suffer.

In a water contamination injury case in Camp Lejeune, the plaintiff alleges the federal government or any other defendant who didn’t act as a reasonably prudent person under similar circumstances. Here, any testimonial from the physicians and evidence of the time that has been spent on the base can prove sufficient, as there is ample data concerning the chemicals present in the water in Camp Lejeune.

Is It Possible to Avail VA Healthcare and Disability Benefits?

The good thing is that you wouldn’t miss out on the VA benefits if you filed a Camp Lejeune lawsuit. Many veterans who’ve been affected by the toxic waters have the chance to receive VA disability benefits. Healthcare services like hospital care, medical advice, prescription drugs, outpatient treatment, and lab tests are available for several Camp Lejeune victims.

To have access to these advantages, the veterans must meet specific criteria:

Eligibility Criteria

When a veteran gets diagnosed with any of the health conditions linked to Camp Lejeune water contamination, they will get the required treatment from the VA. Additionally, they wouldn’t be subject to copayments for the treatments linked to these conditions.

That aside, VA disability compensation can also be accessed for veterans with covered conditions who meet the following eligibility criteria:

  • They should have stayed at Camp Lejeune between August 1953 and December 1987 for at least a month.
  • They must get an honorable discharge when they move away from the military.

How Can You Access the Camp Lejeune Benefits?

The VA had specified that several veterans didn’t have certain evidence that linked the existing condition to their years of service. However, staying present in the region during the stipulated dates is ample evidence to get the benefits, depending on the identified list of presumptive illnesses. You must get in touch with the local VA Medical Center to learn more about how you can apply for the benefits of a certain condition.

In conclusion, if you feel you have suffered from the toxic water exposure at Camp Lejeune, you should file a lawsuit and seek the compensation that you deserve. Ideally, it’s best to get in touch with an expert lawyer who can enable you to navigate through the legal process and enhance your chances of getting compensated. The steps mentioned above will enable you to ensure you receive your payout without any hassle.

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