Page 10 - Mariner Winter 2023 Volume 65 Issue 3 Jan

NERA NEWS — CAMP LEJEUNE, continued from page 9

1. The following are several key
considerations for anyone contemplating
filing a claim related to Camp Lejeune.
Qualifications to legally advocate the complex medical
and scientific issues involved in proving Camp Lejeune’s
water caused your injury.

To ensure you receive the best possible outcome, it is vital
that the legal team you hire has relevant experience and
a strong team of veteran, medical and science advisors
working alongside them; and an endorsement or recom-
mendation from an organization you trust; and has veter-
ans’ best interest at heart, are also important factors.

In 2009, claims stemming from groundwater contamina- The attorneys at BMBFC law have proven success in
tion at Camp Lejeune were filed, but ultimately rejected, groundwater contamination mass tort and class action
due to federal government immunity and North Carolina’s cases; have formed a Military Advisory Board made-up of
10-year statute of limitations on bringing personal injury veterans and their family members from around the coun-
claims. After years of suffering because of this stunning try, and a Medical Advisory Board consisting of healthcare
environmental contamination, there is now hope in sight professionals, especially oncologists, who are experts in
for Camp Lejeune victims. their fields of practice. Further, BMBFC Law is entrusted
by NERA and the VFW.
Fortunately, on August 10th, 2022, thanks to the tire-
less efforts of veteran service organizations, the PACT 2. Up-front cost and contingency fees.
Act was signed into law. Included within this landmark You should not have to pay any up-front costs or fees to
legislation was language from the Camp Lejeune Justice file a claim. If an attorney is demanding a fee up-front,
Act bill wherein Congress waived legal immunity of the you should look elsewhere for representation. BMBFC
U.S. Government, accepted liability, and set forth a path Law does not charge any up-front costs or fees. All costs
to justice for: and fees incurred by BMBFC Law in your case will only
be recouped from any award accepted by you. There will
a. Any individual who resided, worked, or was other- never be any out-of-pocket costs paid by you.
wise exposed to the toxic water at Lejeune (includ-
ing in utero), for 30 days or more (cumulatively, Most, if not all, attorneys paid through contingency
not consecutively); and fees, meaning that they will receive a percentage of any
b. These 30 days occurred between August 1, 1953, obtained monetary compensation. The average market
and December 31, 1987: and value contingency fee charged by firms is 33%. BMBFC
c. Production of evidence showing that the relation- Law is committed to keeping more money in the pockets
ship between exposure to the water and their harm of veterans and their families and only charge a 25% con-
is sufficient to show a causal relationship, and that tingency fee.
this causal relationship is “at least as likely as not”
the cause of their injury, condition, or illness. 3. Impact on existing benefits.
As a result of this new legal avenue for veterans and their There is still a lot of grey area when it comes to the exact
families to seek justice, many attorneys have begun adver- impact of a Camp Lejeune claim on existing VA, Medicare,
tising their services – some of it significantly misleading. Medicaid, and Social Security benefits. To avoid a nega-
Therefore, to avoid being taken advantage of or your cur- tive impact down the road, it is vital to hire an attorney
rent benefits being negatively impacted, it’s important to who is committed to working with you on your specific
understand the basics of this law and the factors to con- case and ensuring you receive all benefits for which you
sider when carefully choosing your next steps. may be eligible. This includes determining how the offset

10 The Mariner • 2022 WINTER Edition • Volume 65 • Issue 3