Navigating the Camp Lejeune Justice Act: A Guide to Seeking Relief
As we previously detailed, on August 10, 2022, a significant milestone was reached in the pursuit of justice for individuals impacted by the Camp Lejeune toxic water contamination. President Biden signed into law the Honoring our Promise to Address Comprehensive Toxics (PACT) Act of 2022, a crucial piece of legislation aimed at addressing the longstanding grievances of those affected by the contamination.
Section 804 of the PACT Act is known as the Camp Lejeune Justice Act (CLJA). This provision offers a pathway for individuals, including veterans previously exposed to contaminated water at Marine Corps Base Camp Lejeune, North Carolina, to seek relief through the Department of the Navy and the Eastern District Court of North Carolina.
Under the CLJA, individuals have the opportunity to seek compensation for injuries resulting from exposure to toxic chemicals at Camp Lejeune. Importantly, if a claim is denied by the Department of the Navy (DON) or no decision is made within six months of filing a claim, claimants have the right to seek relief in Federal court.
Recognizing the potential complexities and challenges associated with litigation, the DON introduced an elective option (EO) designed to expedite the resolution of certain claims. The EO provides a framework for resolving claims more quickly and efficiently than traditional litigation, minimizing the need for burdensome discovery processes and trials.
To be eligible for the EO, claimants must have qualifying injuries and have resided or worked at Camp Lejeune for at least 30 days. The Departments of Justice and the Navy have jointly announced this option, offering a streamlined path to relief for those affected by the contamination.
The DOJ and DON have also notified attorneys representing Camp Lejeune claimants to note the fee cap provisions outlined under the Federal Tort Claims Act (FTCA). The FTCA states that contingency fee arrangements between plaintiffs and their counsel cannot exceed 20% for administrative claims or 25% for suits filed in court, ensuring fair compensation for claimants while maintaining accountability. At Edwards Fingerhut PLLC, we respect our clients’ rights and understand their anguish after decades of injustice. Therefore, we abide by the FTCA fee cap.
In conclusion, the Camp Lejeune Justice Act and its associated elective option represent significant steps forward in the ongoing quest for justice for those affected by the toxic water contamination at Camp Lejeune. By providing avenues for compensation and expedited resolution, these measures offer hope and support to individuals seeking relief from the contamination’s enduring legacy.
