The Importance of Timely Filing in Camp Lejeune Lawsuits: Statute of Limitations Explained
Are you a veteran who served at Camp Lejeune during the period of water contamination? If that’s the case, hazardous exposure-related illnesses could qualify you for financial compensation.
But were you aware that there is a deadline for filing a Camp Lejeune lawsuit? Yes, it is a critical component of any legal claim and is commonly referred to as the “statute of limitations.”
The importance of a timely lawsuit filing and what you need to know to defend your rights in a Camp Lejeune lawsuit are discussed in this piece. We know that dealing with the law can be stressful, but we’re here to assist you every step of the way. Let us begin!
What Is the Statute of Limitations in Camp Lejeune Lawsuits?
Camp Lejeune’s water was poisoned from 1950 to 1980. Many veterans and their families have sued the government, claiming officials knew about the contamination but did little to protect facility workers.
However, recognizing the statute of limitations is vital. The Federal Tort Claims Act (FTCA) requires Camp Lejeune claims to be filed with the government within two years. Camp Lejeune victims had two years to file claims.
Time runs out from the moment you discover or should have discovered a connection between your disease and pollution. If the plaintiff is a minor or mentally handicapped, the two-year statute of limitations may be suspended until the plaintiff turns 18 or recovers.
Hence, you should seek the advice of an attorney who is familiar with the Camp Lejeune Lawsuit and its proceedings. It’s crucial to choose a law firm with experience in handling Camp Lejeune lawsuits and a deep understanding of the attorney-client relationship. TorHoerman Law is a law firm that practices personal injury cases such as those involving vehicular accidents, work accidents, faulty drugs or medical devices, toxic exposure, and other negligent acts.
They can provide assistance with understanding the statute of limitations, gathering evidence, and representing you in negotiations or litigation. They can also help you understand your legal options, protect your rights, and potentially recover compensation for your injuries.
Why Is Timely Filing Important in Camp Lejeune Lawsuits?
Camp Lejeune, hazardous exposure lawsuits must be filed before the statute of limitations expires if the plaintiff or his or her family member suffered any adverse health effects.
Suing Camp Lejeune at the right time is essential to getting the reimbursement you deserve for your injuries. If you wait too long to file your claim, you may lose your entitlement to any compensation.
Suing promptly helps you collect and save evidence that will back up your claim. Over time, it may be more difficult to identify witnesses, find original documents, or refresh one’s memory.
You can improve your chances of collecting and preserving evidence that could be vital to your case if you initiate legal action sooner rather than later. And because the defendants likely want to avoid the costs and uncertainty of litigation, filing early might provide you bargaining strength in settlement negotiations.
Hence, an expert attorney can help you understand your options and safeguard your rights if you are exposed to harmful chemicals at Camp Lejeune and are thinking about filing a case.
When Does the Statute of Limitations Begin and End for Camp Lejeune Lawsuits?
You should consider suing Camp Lejeune for harmful chemical exposure if you or a loved one got sick. The FTCA governs the Camp Lejeune lawsuits’ statute of limitations. You have two years to file a lawsuit if you knew or could have known that pollution caused your illness.
If you were exposed to harmful substances at Camp Lejeune and developed health issues, you have two years from the moment you found, or should have known, your sickness to file a case.
If you were stationed at Camp Lejeune in the 1970s and diagnosed with cancer in 2019, you have two years to sue. If you were diagnosed with cancer in 2015 and discovered the pollution link in 2019, you would have two years to sue.
The statute of limitations began when you knew or should have known about the contamination’s link to your disease, not when you were exposed. If you were exposed to harmful substances at Camp Lejeune and didn’t know they may cause health issues, the clock wouldn’t start ticking until you discovered or should have learned that they did.
Note that the two-year statute of limitations has exceptions. If the plaintiff is minor or mentally handicapped, the statute of limitations may be tolled until they turn a major or recover.
In short, Camp Lejeune lawsuits begin when you knew or should have known about the contamination’s link to your disease, not when you were exposed. You have two years to sue after discovering your sickness or should have. Act swiftly and talk with an experienced attorney if you’re considering bringing a case.
Consequences of Missing the Camp Lejeune Lawsuit Statute of Limitations
Camp Lejeune lawsuits that miss the statute of limitations date may be dismissed, and you may lose your chance for compensation. Missing the statute of limitations may invalidate your claim. Also, the defendant may dismiss your lawsuit using the statute of limitations.
Camp Lejeune lawsuits may have statute of limitations exceptions. The deadline can be pushed back until the plaintiff turns 18. Similarly, the deadline may be extended if the person is psychologically affected.
You may be able to argue that extraordinary circumstances prohibited you from filing within two years. However, proving such situations requires an expert attorney.
In conclusion, skipping the Camp Lejeune lawsuit statute of limitations date can be disastrous, and you may have to forfeit your entitlement to compensation. Hence, you must submit your complaint within two years and speak with a competent attorney to understand your legal choices and defend your rights. If you missed the deadline, you might be able to argue for an exception or tolling of the statute of limitations, but it will be difficult, and you will require good legal assistance.
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