When Camp Lejeune Claims Are Being Evaluated, This Is What Will Matter
As you may have heard, the government has been very slow to settle Camp Lejeune lawsuits—in fact, almost none have settled, leading to the courts being flooded with claims from servicemembers and employees and others, who were stationed at the camo between the target period of 1953-1987.
But because the government has not settled any claims to this point, there are still a lot of unknowns. How much will the cases settle for? What factors will be considered, when the government does try to evaluate and settle cases.
The biggest variable from person to person will be both the type of injury the victim has sustained, and how long that person was exposed to the toxins at Camp Lejeune.
Severity of Illnesses
As you may already know, there are an almost infinite number of ailments and illnesses that victims have suffered, as a result of being poisoned by the contaminated Camp Lejeune water. Everything from cancers, to birth defects, to infertility, to Parkinson’s disease, among many others, all have been ailments and illnesses that victims have suffered.
While every injury is serious—chemical poisoning doesn’t lead to minor injuries—the government will likely consider some to be more serious than others. Cancers, anything that is terminal in nature, or illnesses that lead to catastrophic and permanent disability, all will likely be given the highest value by the government. Injuries to younger people, who may need a lifetime of treatment, or have a lifetime of pain and suffering ahead of them, likewise may have a higher value.
Furthermore, some types of illnesses have been determined to be “presumptive” illnesses, meaning medicine and science have shown that those illnesses and ailments are most likely caused by exposure to the contaminants at Camp Lejeune. The causation is already assumed in that case, meaning that the government likely won’t put up much of a fight, and will assume a higher settlement value.
Length of Exposure
Make no mistake—a victim can get cancer even from a relatively short exposure to toxic chemicals. And, to legally qualify for compensation, someone only needs to have worked at or been stationed at Camp Lejeune, for 30 days.
But the government will most likely assume that the longer someone was working at, or stationed at Camp Lejeune, the more likely it is that their illness was caused by exposure to those chemicals.
Other Things the Government Will Consider
Other factors will likely be the same factors that go into evaluating the value of a personal injury case. For example, victims who have family, or victims who may have a larger lost wage claim, may have their claim evaluated at a higher number.
Remember as well that when (and if) the government does start evaluating claims, and making settlement offers, you do not have to take what is offered. You can reject the offer, and proceed to trial.
Call the Tennessee Camp Lejeune Justice Act lawyers at Fox Farley Willis & Burnette, PLLC, today.