Is the New DOJ/DON Elective Option Insult to Injury, or a Fair Offer?
Many Marines and their families may have felt relief over a year ago when the government passed the Camp Lejeune Justice Act as part of its highly touted PACT Act bill. The Camp Lejeune Justice Act (CLJA) was meant to provide additional compensation to Marines, their families, and anyone else working or living on Camp Lejeune between specific dates in 1953 through 1987 for at least 30 total days.
Underprepared and Undervalued
When the government passed the CLJA there were roughly two dozen staff working in a branch of the Navy Judge Advocate General (JAG) Corps to handle tort claims against the Navy. Needless to say, no one was prepared for the deluge of claimants seeking their just compensation for the horrendous injuries their government inflicted upon them through poisoning the water at Camp Lejeune and subjecting their families and loved ones to debilitating, often life-threatening conditions for decades. Simply put, the government was not prepared to address the volume of claims associated with this bill.
As a result, the government took little to no overt action for over a year. The government collected claims and to date, the government has not extended a single settlement offer. However, on September 6, 2023, the Department of Justice (DOJ) provided its first insight into what settlement might look like.
The government made clear that under its current framework, described as, “Elective Option (EO) for Camp Lejeune Justice Act Claims”, no settlement value will exceed $550,000. Needless to say, this was a shock to veterans, families, and patriots everywhere. Additionally, under the proposed framework, severe conditions like Parkinson’s disease which can totally impair someone, may only receive an offer of $100,000.
The framework also places severe limitations on who will qualify for an offer – that’s right, if you don’t satisfy its criteria, the government may not even extend a settlement offer. That framework has disqualifiers such as date of diagnosis or manifestation period limitations; for example, if your condition did not manifest until after 35 years from leaving Camp Lejeune, you won’t qualify under the current framework. Finally, only nine conditions will be qualified for EO settlement offers!
Desperate Times, Desperate Measures
The government has already mishandled so many aspects of handling CLJA claims from not providing the Navy with the resources it needs, to the DOJ refusing to extend meaningful settlement offers more than a year after the law passed.
With less than one year remaining to file your claim, what can be done? Amid rising inflation and sputtering economic output, the government is hoping that desperate claimants will accept settlement offers that may be significantly lower than the true value of their claim. They place a 60-day time limit to accept the offer, or go to court, and will likely offer folks an offer that is significantly less than what they could recover in court, or through skilled negotiation. For context, the average settlement payout for 9/11 victims in 2003 was $1.4 million per claimant – nearly $2,365,637.86 today when adjusted for inflation!
The government is counting on the fact that it can intimidate financially strained Marines and their families into sacrificing their chance at justice for a pittance. However, there remain some facts the government doesn’t want these claimants or their families to know: 1) these offers are insultingly low in many instances, 2) it is only with experienced attorney representation that you have the best chance at securing the best settlement or trial outcome possible, and 3) the government is scared.
The government is scared at the fighting spirit the Camp Lejeune Marines and their families will bring to bear, and is trying to shake out and settle as many claims as possible for as low an amount as possible. However, with the right team in your corner, you can make sure they do not get to compel you into accepting a fraction of what your claim is worth.
Tucker Disability Law can help you
Before you can file a lawsuit, there is a pre-suit claim process that must be followed.
Anyone who wants to file a lawsuit must follow specific procedures or they will be barred from ever filing suit. Contact us today to discuss your rights.
Tucker Disability Law is committed to getting our clients the highest settlement amounts allowed. We have over 30 years of experience helping veterans and have a 98% win rate against the VA.
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