Today, no one is unaware of the havoc caused by the toxic waters at Camp Lejeune. By now, there are close to 100,000 claims filed by civilians, military veterans, and their relatives who stayed in this region and have been exposed to the toxic waters. However, the delays in claim settlements have upset the claimants.
According to the Camp Lejeune Justice Act (CLJA) of 2024, the victims can file their lawsuits against the federal government and claim compensation to cover their injuries and sufferings endured. This legislation carried a ray of hope for the veterans, but unfortunately, the Navy wasn’t able to settle claims due to a lack of funds and staff.
To address the growing concerns about claim delays, the Department of Justice has introduced another payment option called the ‘Elective Option’ (EO). The question is whether this alternative payout choice will prove to be beneficial. This article will discuss the features of EO to determine its effectiveness.
The Elective Option and Its Key Features
The EO is an administrative process developed to streamline the compensation for civilians and veterans exposed to the polluted waters at Camp Lejeune and has developed various ailments. It operates outside the conventional lawsuit framework, thereby providing a direct channel of compensation for the veterans who qualify.
Are you wondering whether it’s an apt payout for Camp Lejeune cases? If so, it is necessary to know a few key features it comes with:
- Easy proof requirements: Compared to the conventional legal path, in EO, you don’t have to submit comprehensive evidence of exposure to the polluted water. If you lived at Camp Lejeune during the contamination phase, you are eligible if you cater to other EO criteria.
- The qualifying disease list: The EO has outlined a list of ailments that are eligible for compensation. If you have been detected with any of these ailments and also match the exposure criteria, you can get compensated.
- Best-wide approach: The EO undertakes a rather general, base-wide approach that makes the eligibility criteria much easier.
- Guaranteed payment: The moment you finish the crucial documentation and cater to all the required criteria, you can expect an assured payout. Typically, the payout takes place within 60 days.
Therefore, if you review the EO, it provides an easier process for the veterans to seek legal compensation. The best part is that it brings down the unpredictability and complexity that are associated with conventional lawsuits.
Understanding the Pros and Cons
Similar to any legal options, there are pros and cons of the EO as well. Let us take a look at it so that you can understand for yourself whether it is a useful option for you.
Guaranteed Compensation
- Lawsuit: When you take the legal route, chances are you will have to face delays considering the present state of Camp Lejeune’s claim settlement process. That aside, not every lawsuit carries with it the promise of getting compensated.
TorHoerman Law states that you need to work closely with a lawyer and build a compelling case to ensure that the verdict is in your favor. For that, you have to submit substantial evidence, medical documents, healthcare data, and other details. Even then, you wouldn’t be certain of the payout amount or the payout itself.
- EO: The obvious advantage here is that you will get the payment once the required documentation is done. Hence, it is ideal for senior veterans who need money urgently to treat their ailments or who have very little time at hand to live.
Financial Implications
- Lawsuit: In case your lawyer manages to win the legal compensation amount for you via the lawsuit, you will not get the exact amount. Chances are the recovery amount will get minimized depending on the disability benefits or awards linked with your exposure to the hazardous waters at Camp Lejeune.
- EO: Here, you don’t need to fret about the disability benefits, awards, or payments that you get via the Department of Veterans Affairs getting offset while receiving the EO offer.
The Ailments Covered
- Lawsuit: The EO has its stipulated ailments to cater to in terms of compensation. However, when you file a traditional lawsuit, you can seek compensation for other ailments, too. All you need to do is establish a strong connection between the toxic waters at Camp Lejeune and the disease you’ve suffered from.
- EO: This option comes with a set of specified ailments that qualify for compensation. A few of these include kidney, liver, and bladder cancer as Tier I ailments and Parkinson’s disease, multiple myeloma, and scleroderma as Tier II ailments. If your ailment is mentioned on the list, you will receive compensation.
In conclusion, the Elective Option seems to be a respite for older adults who have fewer days to live and need immediate treatment. Also, veterans who have waited for too long for their payout can use this option to address their medical expenses and other costs. However, if you can wait and think you might get a bigger payout by filing a lawsuit, you should think twice before opting for the EO. But decide that once you have discussed your options and payout probabilities with a lawyer.