The loss or injury of a loved one can be an emotionally devastating experience, only made more difficult by the realization that another party may bear responsibility for that loss. At Kaufman & McPherson PLLC, our primary objective is to offer legal assistance in navigating these complex matters.
Our West Virginia Camp Lejeune attorneys are committed to seeking justice for the families affected by negligence or misconduct, and our ultimate aim is to prevent similar tragedies from occurring in the future.
Historical Context: The Water Contamination at Camp Lejeune
For nearly five decades, the United States Government permitted hazardous chemicals to contaminate the water supply at Marine Corps Base Camp Lejeune. This base was the site of underground storage tanks, waste disposal areas, and a dry cleaner that leaked harmful substances into the water treatment plants at Tarawa Terrace and Hadnot Point. As a result, many people were exposed to toxic water, which had detrimental effects on their health.
Who Can File a Camp Lejeune Personal Injury or Wrongful Death Claim?
The Camp Lejeune Justice Act of 2022 is a law that allows people to take legal action if they or their family members have been harmed by water contamination at the Camp Lejeune military base in North Carolina. This is important because over a million people were exposed to harmful chemicals in the base’s water between 1953 and 1987. Our team of lawyers in WV at Kaufman & McPherson PLLC, are here to help if you lose a loved one due to this contamination.
So, who can actually file this kind of claim? Well, you might be able to if you were injured or you’re representing someone who has passed away and was one of the following for at least 30 days between 1953 and 1987:
- A veteran who was stationed or worked at Camp Lejeune
- A family member of a veteran or worker who lived on the base
- A civilian who worked at the base
- Anyone else who lived or worked at Camp Lejeune during the years the water was contaminated
We offer a free consultation where you can talk to us about your case and your options. This is a no-pressure, no-cost way to understand what steps you can take to maybe get some financial help for the loss of your loved one or if you have been injured due to the contaminated water.
Should you choose to proceed with the legal action, our dedicated team will extend a significant effort to assist you through the intricate legal processes. We will strive tirelessly not only to advocate for your rights, but also those of the individual you lost, and address any injuries sustained by any party involved.
Are You Eligible for a Camp Lejeune Claim?
The water contamination at Camp Lejeune military base in North Carolina has been connected to a wide array of serious health problems. According to the Camp Lejeune Justice Act of 2022, if you had a family member who lived, worked, or was stationed at the base for at least 30 days between the years 1953 and 1987, and if they later passed away or has been harmed from certain medical conditions, you might be able to file a wrongful death lawsuit on their behalf.
Health Conditions Recognized for Compensation
The law identifies several health conditions that are presumed to have a service connection, meaning they’re recognized as potentially linked to water contamination.
These conditions include, but are not limited to:
- Kidney Cancer
- Non-Hodgkin’s Lymphoma
- Multiple Myeloma and other myelodysplastic syndromes
- All types of Leukemia
- Liver Cancer
- Cancers of the Central Nervous System (like brain or spinal cord cancer) ● Miscarriage
- Infertility in both men and women
- Bladder Cancer
- Parkinson’s Disease
- Kidney Disease
- Pancreatic Cancer
- Breast Cancer in both men and women
- Rectal Cancer
- Prostate Cancer Esophageal Cancer
Other Potential Health Issues for Compensation
Aside from these specific conditions, there are other health issues that your loved one might have faced after being exposed to the contaminated water. These include:
- Lung Cancer
- Renal Toxicity
- Hepatic Steatosis
- Cervical Cancer
- Cardiac Defects
- Fatty Liver Disease
- Brain Cancer
- Birth Defects
- Colon Cancer
- Ovarian Cancer
Should a member of your family have experienced any of these conditions, and you are of the belief that it was consequent to their tenure at Camp Lejeune, you might also be in a position to initiate a wrongful death claim to pursue financial recompense for their anguish and medical expenditures. Additionally, if there was an incident where someone was injured, this could potentially broaden the scope of your legal recourse.
Next Steps: Legal Consultation and Actions
Wondering what to do next? We can help. Our legal team at Kaufman & McPherson PLLC is ready to offer you advice on how to proceed. We provide a free, no-obligation consultation to discuss the specifics of your case, assess its merits, and help you understand your options.
Understanding the health conditions linked to the water contamination at Camp Lejeune is crucial for determining eligibility for a personal injury or wrongful death claim. The list provided offers a comprehensive overview of conditions recognized under the Camp Lejeune Justice Act.
The next course of action involves consulting with legal experts, who can guide you through the intricate legal process, aiming for just compensation for the tragic loss of your loved one.
Statutory Time Limit for Filing: August 10, 2024
The Camp Lejeune Justice Act stipulates a strict deadline for filing a personal injury or a wrongful death claim: all claims must be filed by August 10, 2024. This deadline is not flexible and underscores the importance of taking swift legal action. There is a lot of record collection and other legal work necessary to get a claim ready for filing, so prompt action is important.
Extended Family Involvement in Camp Lejeune Cases
In typical wrongful death suits, the legal team at Kaufman & McPherson PLLC mostly collaborates with the victim’s immediate family members, such as spouses or children.
What sets the Camp Lejeune cases apart is the timeline. Due to the extended period since the exposure to the contaminated water—stretching from 1953 to 1987—we are not only hearing from immediate family members but also from grandchildren and more distant relatives who want to file claims on behalf of their ancestors.
Am I Eligible to File a Wrongful Death Claim for My Grandfather?
If you have a grandfather who was stationed at Marine Corps Camp Lejeune and subsequently passed away from cancer, you may be wondering about your eligibility to file a wrongful death claim on his behalf. The criteria for such cases related to Camp Lejeune are quite specific but are designed to accommodate a broad range of family members, including grandchildren. To be eligible to file a wrongful death claim, your grandfather must have been stationed or employed at Camp Lejeune for a period exceeding 30 days between the years 1953 and 1987. Additionally, his medical diagnosis must align with one or more of the conditions that have been officially linked to the water contamination at Camp Lejeune.
These conditions include but are not limited to:
- Kidney Cancer
- Non-Hodgkin’s Lymphoma
- Multiple Myeloma and other myelodysplastic syndromes
- Leukemia (all types)
- Liver Cancer
- Central Nervous System Cancer (brain or spinal cord)
- Miscarriage
- Infertility (male or female)
- Bladder Cancer
- Parkinson’s Disease
- Kidney Disease
- Pancreatic Cancer
- Breast Cancer (male or female)
- Rectal Cancer
- Prostate Cancer
- Esophageal Cancer
If your grandfather’s situation meets these criteria, then yes, you are indeed eligible to pursue a wrongful death claim on his behalf. The legal team at Kaufman & McPherson PLLC can provide you with a complimentary, no-obligation consultation to assess your case’s merits and discuss potential legal avenues.
What Evidence Do You Need to File a Camp Lejeune Wrongful Death Lawsuit?
If you’re considering filing a personal injury or wrongful death lawsuit or claim related to the Camp Lejeune water contamination incident, it’s crucial to know what kind of evidence you’ll need. At Kaufman & McPherson PLLC, we specialize in these cases and can guide you through the entire process.
Core Evidence Requirements
Primarily, you need two key pieces of evidence to initiate the lawsuit.
- Proof of Residence or Employment: The first thing you’ll need to establish is that the person harmed or your deceased loved one lived or worked at Camp Lejeune for at least 30 days during the specific years of water contamination, which are from 1953 to 1987.
- Medical Documentation: The second piece of evidence is medical documentation that demonstrates your loved one succumbed to a health condition or sustained an injury, that has been associated with the toxic water exposure at Camp Lejeune.
Additional Documentation for a Comprehensive Case
Our experienced legal team will assist you in gathering these essential documents. But that’s not all. To build a strong case, we’ll also aim to collect additional records that can help solidify your claim:
- Medical Records: We’ll work to obtain comprehensive medical records that detail the person injured or your loved one’s medical history, treatments, and diagnoses. This information will serve to strengthen the link between their illness and the toxic chemicals present in the contaminated water.
- Military Records: We will collect the affected person’s military service records to confirm their presence at the base during the contamination period.
Not Dependent on Prior Claims
It’s essential to note that your loved one doesn’t need to have filed for or received any healthcare or disability benefits previously to file a wrongful death lawsuit. The lawsuit stands independent of any such claims and aims to secure maximum compensation based on the evidence presented.
What Amount of Compensation Can Families Expect in Camp Lejeune Wrongful Death Lawsuits?
Determining the exact compensation that families may receive in wrongful death lawsuits related to Camp Lejeune water contamination is challenging due to several factors. First, the Congressional Budget Office (CBO) has estimated the overall compensation to be around $6 billion for these cases. However, it should be noted that the CBO may not have the resources or expertise to give an accurate estimate of the total financial liability involved in this extensive water contamination issue. With over 900,000 individuals exposed to the toxic chemicals in Camp Lejeune’s water supply, gauging the total number of lawsuits and their individual worth is a complex task.
Variability in Claims
Compensation amounts will likely vary significantly based on the type and severity of the disease linked to the contamination. Legal professionals in the field have estimated that individual settlements could range from $25,000 to as much as $1,000,000. Additionally, receiving a settlement might affect one’s ability to continue receiving V.A. disability benefits. Therefore, it’s crucial to consult with a qualified law firm like Kaufman & McPherson PLLC to navigate these intricacies.
Historical Precedence
To provide a more informed perspective on potential settlements, one useful approach is to look at historical settlements related to similar diseases. For instance:
- In 2018, a $6.8 million verdict was awarded in a case of failure to diagnose kidney cancer, where the family sued a doctor for not providing a timely referral to a urologist.
- Also in 2018, a $4.5 million settlement was reached for a worker who developed leukemia after being exposed to benzene and other chemical solvents for an extended period.
- In 2016, a Philadelphia jury awarded an $824,000 verdict in a case where benzene in printing solvents led to the development of acute myeloid leukemia in the plaintiff.
- In 2015, Takeda Pharmaceutical agreed to a settlement over claims that its diabetes medication, Actos, was responsible for causing bladder cancer in patients. The average payout in these cases was nearly $300,000 per claimant.
- Also in 2015, a $1.6 million verdict was rendered against the chemical company DuPont for its negligent dumping of C8 chemicals into the Ohio River, which resulted in kidney cancer in the plaintiff.
- In 2008, an $8.0 million verdict was awarded to a seaman who developed kidney cancer following his exposure to air contaminated with benzene while working for Exxon Shipping Company.
These historical cases offer a lens through which one can begin to understand the potential value of a Camp Lejeune wrongful death lawsuit.
Our Dedication to Your Case
The Camp Lejeune wrongful death and personal injury legal professionals at Kaufman & McPherson PLLC are committed to vigorously advocating on your behalf. Understanding the complexities and emotional toll involved in such cases, we are dedicated to guiding you through the legal process to seek the justice and compensation you and your family deserve.
By choosing to work with us, you are not merely engaging a legal team; you are partnering with a group of individuals committed to standing beside you in one of life’s most challenging periods.
Why Choose Kaufman & McPherson to Represent You in a Camp Lejeune Contamination Lawsuit?
If you or a family member have been affected by the contaminated water situation at Camp Lejeune, North Carolina, you might be considering taking legal action. We understand that this is a challenging time for you, full of both emotional and legal complexities. That’s why the experienced wrongful death and personal injury lawyers at Kaufman & McPherson PLLC are committed to guiding you through this difficult legal landscape.
Overcoming Obstacles
For years, victims and their families have faced numerous hurdles when dealing with the United States Department of Veterans Affairs. The system has been notably unaccommodating, with a discouraging 75% of disability claims related to Camp Lejeune water contamination being denied. This has happened even when these claims presented credible evidence linking health conditions to the toxic chemicals found in the water supply at the base and MCAS New River.
Open to All Affected Parties
The good news is that recent legal advancements have made it easier for both veterans and non-veterans, such as family dependents and civilian base workers, to finally seek the justice and financial compensation they deserve. Unlike the restrictive conditions imposed in the past, you now have a more accessible legal pathway to make your case and possibly secure financial support for medical expenses, emotional distress, and other damages.
Limited Time to File a Claim
It’s crucial to act quickly as there is a time limit (August 10, 2024) to file a Camp Lejeune water contamination lawsuit. Delaying could mean missing out on the chance to get the justice and financial compensation that you or your loved ones are entitled to.
Get Legal Advice Today
You can reach out to our dedicated team of legal professionals at Kaufman & McPherson PLLC today by calling 304-842-4300 for a free, no-obligation consultation to discuss your options.
The obstacles that once stood in the way of pursuing a Camp Lejeune water contamination lawsuit are beginning to crumble, and Kaufman & McPherson PLLC is well-equipped to assist you in navigating this evolving legal environment. Don’t miss your chance; contact us today to explore your legal options.
Frequently Asked Questions About Camp Lejeune Wrongful Deaths
Here is a comprehensive FAQ section about personal injury and wrongful deaths linked to Camp Lejeune water contamination to help you better understand your legal rights.
What Happened at Camp Lejeune, North Carolina?
Between the years 1953 and 1987, the water supply at Marine Corps Base Camp Lejeune in North Carolina was contaminated with toxic chemicals. Over one million people, including military personnel, their families, and civilian workers, were exposed to this hazardous water.
Who Can File a Camp Lejeune Wrongful Death Lawsuit?
If you are a surviving family member of someone who lived or worked at Camp Lejeune between 1953 and 1987 and passed away from related health complications, you may be eligible to file a wrongful death claim. This includes spouses, children, grandchildren, and other relatives of veterans, civilian workers, and base residents.
What Makes Camp Lejeune Cases Unique?
Camp Lejeune wrongful death cases differ from other wrongful death lawsuits primarily due to the passage of time since the exposure and the specific limitations on damages. Unlike standard cases, claims can be filed by a broader range of relatives, including grandchildren. However, punitive damages are not allowed under the Camp Lejeune Justice Act.
What Health Conditions are Linked to Camp Lejeune?
Several types of cancer and other medical conditions have been linked to the water contamination at Camp Lejeune. These include Kidney Cancer, Leukemia, Liver Cancer, and many others. If your loved one passed away from one of these conditions, you could be eligible to file a claim.
Can I File a Claim on Behalf of My Grandfather?
If your grandfather resided or worked at Camp Lejeune for over 30 days between 1953 and 1987 and died from a linked health condition, you may be eligible to file a wrongful death claim on his behalf.
What’s the Role of the Veterans Affairs Department?
Historically, the U.S. Department of Veterans Affairs has denied a high percentage of disability claims linked to Camp Lejeune water contamination. However, recent changes now allow for both veterans and non-veterans to seek justice and financial compensation.
How Can Kaufman & McPherson Help Me?
Kaufman & McPherson PLLC specializes in wrongful death and personal injury lawsuits. Our experienced team can help you navigate the legal complexities involved in filing a Camp Lejeune wrongful death laws
Is There a Time Limit to File My Claim?
Yes, there is a statute of limitations for filing a Camp Lejeune wrongful death lawsuit. It’s crucial to act quickly to ensure you don’t miss out on seeking justice and compensation.
Where Can I Get More Information?
For additional details and to start the legal process, contact Kaufman & McPherson PLLC or consult other reliable legal sources that focus on wrongful death cases related to Camp Lejeune.
We hope this FAQ section helps you understand the basics of Camp Lejeune’s wrongful death lawsuits and guides you in taking the next steps. If you have more questions, don’t hesitate to reach out to experienced legal professionals.
