The Camp Lejeune Justice Act allows veterans, family members who lived with them and those who were employed at the base or were otherwise exposed to contaminated water there between August 1, 1953, and December 31, 1987, to file lawsuits against the federal government for harm done to them by that contaminated water. If a victim allegedly died as a result of consuming or using the water, a family member can bring a wrongful death lawsuit on behalf of the decedent’s family. In either case, the person bringing the lawsuit has the burden of proof and must prove their case by a preponderance of the evidence. What that means is that their version of the events and the evidence are more likely true than not true.
Harm that Victims Can be Compensated for Under the Act
As per Section 2(a)(1)-(4) of the Camp Lejeune Justice Act, the plaintiff can seek money damages for the following harm that was:
- Caused by exposure to the water.
- Associated with exposure to the water.
- Was linked to exposure to the water, or
- The exposure to the water increased the likelihood of such harm.
Proving the Harm
In order to preponderate in a Camp Lejeune Justice Act case, considerable evidence must be obtained and entered into evidence. That evidence will include but not be limited to the following:
- Paperwork of serving at, living at or being employed at Camp Lejeune.
- Copies of all medical records and reports indicating diagnoses, including bills.
- Travel records.
- Records of or reports on any water testing at Camp Lejeune between August 1, 1953, and December 31, 1987.
- Testimony of any water contamination witnesses, treating physicians and any other witnesses.
Proving Causation
Like any other personal injury case, a plaintiff must show that the federal government or any other defendants failed to act like an ordinary and reasonably prudent person would act under the same or similar circumstances. Then, it must be shown that the actions of one or more defendants caused the harm that was complained of in the lawsuit. This is typically done through the direct examination of witnesses.
The Use of Studies
Section 2(b)(2) of the Camp Lejeune Justice Act specifically addresses the use of studies that might be used in support of a case. In pertinent part, it states as follows: “A study conducted on humans or animals, or from an epidemiological study, which ruled out chance and bias with reasonable confidence and which concluded, with sufficient evidence, that exposure to the water . . . . is one possible cause of the harm, shall be sufficient to satisfy the burden of proof . . . .”
Jurisdiction is in North Carolina
Cases filed under the Camp Lejeune Justice Act can only be heard in the U.S. District Court for the Eastern District of North Carolina. Not a single case has been heard yet, so there is no indication as how evidence might be received. What we can say with a high degree of certainty is that judges in that district will be at the bottom of a mountain of Camp Lejeune lawsuits. Anybody bringing a cause under the act is in need of a dedicated, skilled and aggressive Camp Lejeune Justice Act lawyer
If you have questions about your eligibility to file a Camp Lejeune contaminated water case or the sufficiency of any evidence on your behalf, you can contact our Camp Lejeune Justice Act lawyer here at Maison Law for a free consultation and case evaluation. You’ll be listened to carefully, and your questions will be answered. If you retain us to represent you in your case, you can be assured that our goal will be to obtain the maximum settlement or award that you deserve. The statute of limitations on these cases runs on August 10, 2024. Exercise all due diligence and contact us for that free consultation at our earliest possible convenience.
