If claims are denied and a lawsuit is imminent, the claim will need to be substantiated.
Substantiation for Camp Lejeune water contamination claims will be difficult for victims and their family members to complete on their own. The process, outlined in the Camp Lejeune Claims Packet, requires further specific information provided by the victim on causation and other military service records that can give credence to their claim.
It’s again recommended that victims seek legal representation for this process.
How a Lawyer Can Help with Substantiating Camp Lejeune Water Contamination Claims
Though the process of substantiation can be completed by a victim without the help of a lawyer, a lawyer will know acutely the process of collecting information relevant to the claim and will be able to simplify the process on behalf of victims who have already endured enough.
As mentioned previously, the Navy JAG and TCU cannot answer legal questions and will not pay out more compensation than is demanded on the original claim form. An experienced lawyer will be able to answer any questions that victims have about the process and will know the specific dollar amounts to be demanded for specific injuries, taking into account the physical and mental suffering, lost wages and other damages incurred.
TorHoerman Law can file a Camp Lejeune Justice Act (CLJA) Claim Form on behalf of victims and also help them find and retain necessary information for substantiation and litigation.
What Documentation is Needed for Substantiation and Litigation?
It’s not fully known what all required documentation or information will be needed for substantiation and litigation. Every case is different, and each specific injury claim may require more information than others.
However, the aforementioned Claims Packet contains information on substantiating documents and a questionnaire that pieces together some of the relevant pieces needed for victims filing claims:
The substantiating information form requests documentation and information on the following:
- Military employment records (DD214)
- Location of the claimant’s home at Camp Lejeune and period of time they/their family lived there.
- Location(s) of the claimant’s work at Camp Lejeune, nature of their duties, identity of their employers, and specific period(s) of time they worked there.
- A copy of the claimant’s outpatient records, the cumulative record of all care provided by military treatment facilities (MTF). These records should be maintained by the MTF at which the claimant last received medical care. If it has been three or more years since care was received at the MTF, the records will be archived. Records can be requested from the following source:
- National Personnel Records Center
9700 Page Boulevard
St. Louis, MO 93132
- A copy of all inpatient medical records. If a claimant was admitted to a military hospital, they will need to provide the name of the facility, location, and date when medical care was received.
- A copy of all civilian medical records relating to medical care the claimant received, both inpatient and outpatient.
- Itemized bills for all medical and hospital expenses incurred or itemized receipts of payment for such expenses.
- Any medical opinions stating a connection between each of the claimant’s medical problems and exposure to specific chemicals. The opinion should also set forth the nature and extent of the claimant’s injury, cause of injury, nature and extent of treatment, any degree of temporary or permanent disability, prognosis, period of hospitalization, and any diminished earning capacity.
- A statement of expected expenses for any necessary future treatment.
- Any other evidence that may have a bearing on either the responsibility of the United States for the claimant’s illness or damages claimed.
The questionnaire within the claims packet outlines 35 questions pertaining to the claimant’s overall history of exposure, how their diagnoses or injuries are related to toxic exposure at Camp Lejeune, and a reiteration of the information provided in the initial CLJA claim form.
