Did your child suffer birth defects due to exposure to contaminated water? Were you born with birth defects because you were exposed to contaminated water in utero? You could have grounds to file a lawsuit. Very recently, the parties affected after being exposed to contaminated water at Camp Lejeune gained the right to file a lawsuit for all resulting harm, including birth defects. If you are interested in exploring your legal options and learning more about your right to file a lawsuit, contact us today. Our lawyers are more than ready to help you with your claim.
The Normandie Law Firm is a personal injury law firm with decades of experience handling all sorts of claims, including birth defect claims. You can trust that our lawyers can handle your lawsuit effectively and fight for your right to recover a fair settlement.
Birth Defects Caused by Exposure to Toxic Chemicals
It is common knowledge that exposure to certain chemicals can lead to birth defects. That is, when pregnant women are exposed to contaminated water, for example, their children are at greater risk of developing defects and facing life-long complications. All of the four chemicals that contaminated the water at Camp Lejeune have been associated with an increased risk of birth defects and health conditions. Vinyl chloride, for instance, is generally associated with an increased risk of birth defects. Benzene is also associated with a greater risk of birth defects, like spina bifida. Trichloroethylene is associated with cardiac defects, specifically, and immune disorders. Tetrachloroethylene is associated with oral clefts, neural tube defects, and other defects. Unfortunately, many children were born with defects as a direct result of the horrible situation at Camp Lejeune.
The Incident at Camp Lejeune
Between the years 1953 and 1987, the water at Camp Lejeune was contaminated by at least four different toxic chemicals: tetrachloroethylene, trichloroethylene, vinyl chloride, and benzene. These contaminants came from many different sources, including a nearby drycleaning business, leaking fuel tanks, and industrial waste that was improperly disposed of. During this time, everyone who worked at and lived at the base, including millions of Marines, other military service members, their families, contractors, non-military staff, civilians, etc., were exposed to the contaminated water. During this time, the leadership was aware of the situation, but they failed to take any action whatsoever. Because of this countless innocent people were exposed to toxic chemicals. Many of those affected were pregnant women, who went on to have children with birth defects.
The Right to Sue Under the PACT Act
Those affected by the contaminated water at Camp Lejeune now have the right to file lawsuits against the government. On August 2, 2022, the Senate voted to pass the Camp Lejeune Justice Act as Part of the Honoring Our Promise to Address Comprehensive Toxics (PACT) Act. Just a few days later, on August 10, 2022, the President signed the bill into law. The law essentially gives all those who sustained injuries (that is, developed medical conditions or died from these conditions) due to exposure to toxic water at Camp Lejeune the right to file a lawsuit against the U.S. government. This applies to veterans, civilians, and their families.
These lawsuits have to be filed with the United States District Court for the Eastern District of North Carolina within the two-year window created by the PACT Act.
What Compensation is Available for Recovery?
The PACT Act makes affected parties eligible to sue and recover damages. So, if you or your child were born with a defect because of exposure to contaminated water at Camp Lejeune, you could potentially be eligible to recover compensation. Some of the compensation available for recovery could include the following:
- Medical costs
- Mental health service costs and counseling costs
- Lost earnings
- Pain and suffering
- Punitive damages
- Legal fees
In many cases, birth defects are ultimately fatal, so claimants that pursue wrongful death claims could be eligible to recover compensation for funeral and burial costs as well as for the loss of consortium. No matter the details of your claim, you can trust that our lawyers are more than ready to provide you with the guidance that you recover the highest settlement available for your claim.
What are the Factors that affect Case Value?
There are many factors that can affect the value of a birth defect case. Consider some of these factors listed below:
- The specific birth defect suffered
- The permanency of the defect (i.e., is it something that can be corrected with surgery, or is it something that will require long term medical care)
- Whether the birth defect was ultimately fatal
- How the birth defect affects quality of life
- The mental and emotional toll that the birth defect had on the parents/child
These are just some of the many factors that must be thoroughly evaluated to determine the possible value of your case. For more information about these factors, or for a more in-depth discussion of what you could be eligible to recover, contact the experts here at our firm today.
What is the Average Value of Birth Defect Lawsuits?
What is the average value of birth defect lawsuits? As explained above, there are multiple factors that can affect the value of a birth defect case. These cases can be high value, although some birth defects are associated with higher values. For instance, a cleft lip birth defect claim is likely to be worth significantly less than a cardiac defect claim – specifically because one defect could be easily corrected while the other might need more invasive procedures to correct. In general, these cases can be worth upwards of $350,000. In fact, contrary to other types of cases, birth defect cases can be worth more if the child survives and his or her quality of life is significantly affected by the defect. Some cases can have values of $700,000 to $1,000,000.
How Long Does it take to Reach a Settlement?
The time that it takes to reach a settlement can vary significantly from case to case. Some cases can settle in just a few months, while others can take years to settle. Here at our law firm, we are committed to reaching settlements for the cases that we handle in as little as six to eight months. This is because we understand the frustration of having to wait around for a settlement after waiting years for justice. Unfortunately, different complications can arise, resulting in cases taking longer to settle. Even minor complications can result in significant delays in the settlement process. Depending on the case, the settlement process can take 12 to 18 months or up to 2 years. Some cases can actually take longer.
If your case is taking too long to settle, you should consider the reason why. Is your case just that complex, or is your lawyer just incompetent? If you suspect the latter, you should seek a second opinion. In fact, you could change representation at any time. In some cases, getting another lawyer is enough to get the case moving towards a settlement.
How Long Do I Have to Sue?
This is another of the most important questions that claimants should be asking themselves. After all, if claimants fail to file their claims on time, then they could lose their right to sue entirely. So, how long do you have to file your lawsuit? The PACT Act gives claimants a two-year window from the date that the act was signed into law to file a lawsuit. This means that claimants have until August 2024 to file their lawsuits. For more information about the time that you have to file your Camp Lejeune birth defect lawsuit, do not hesitate to seek legal assistance with the experts at our law firm today.
Contact the Normandie Law Firm Today
Are you considering filing a lawsuit for a birth defect caused by exposure to contaminated water at Camp Lejeune? If so, you might have many questions about average values, possible values, and how much you could possibly be awarded. Here at the Normandie Law Firm, our lawyers are more than ready to handle your Camp Lejeune birth defect lawsuit and help you recover the settlement that you are owed. If you are ready to discuss your legal options with our lawyers, contact us today.
Here at our firm, we are more than ready to provide you with the legal assistance that you need. We offer free legal services, which include free consultations and free second opinions. During these legal services, our expert attorneys will be available to answer all your questions and address all your concerns. You can trust that our lawyers will guide you every step of the way, regardless of whether you are beginning or looking to redirect your claim. To benefit from these free legal services, contact us today.
Our Zero-Fee guarantee ensures that our clients never have to pay any upfront legal costs for any of our legal services. Additionally, our clients will not be required to pay anything until they win their claims due to our contingency structure. If you do not win your birth defect Camp Lejeune lawsuit, you will not be required to pay anything.
If you are ready to speak with our lawyers, contact us today.
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