Camp Lejeune Settlement: What the Camp Lejeune Justice Act Says

Who can bring a Camp Lejeune claim

The Act reads: “An individual, including a veteran (as defined in section 101 of title 38, United States Code), or the legal representative of such an individual, who resided, worked, or was otherwise exposed (including in utero exposure) for not less than 30 days during the period beginning on August 1, 1953, and ending on December 31, 1987, to water at Camp Lejeune, North Carolina, that was supplied by, or on behalf of, the United States may bring an action in the United States District Court for the Eastern District of North Carolina to obtain appropriate relief for harm that was caused by exposure to the water at Camp Lejeune.” (Pub. L. 117-168, § 804(b))

It reaches claims from before the law, in its words: “This section shall apply only to a claim accruing before the date of enactment of this Act.” (Pub. L. 117-168, § 804(j)(1))

Whether a given person was exposed for the time the Act requires, and whether a given illness was caused by the water, are questions of fact for the claim, which this page does not decide.

What a Camp Lejeune lawsuit has to show

The burden is the claimant's: “The burden of proof shall be on the party filing the action to show one or more relationships between the water at Camp Lejeune and the harm.” (Pub. L. 117-168, § 804(c)(1))

The Act sets the standard as evidence showing the relationship is either “sufficient to conclude that a causal relationship exists” (Pub. L. 117-168, § 804(c)(2)(A)), or “sufficient to conclude that a causal relationship is at least as likely as not.” (Pub. L. 117-168, § 804(c)(2)(B))

Every claim goes to one court: “The United States District Court for the Eastern District of North Carolina shall have exclusive jurisdiction over any action filed under subsection (b), and shall be the exclusive venue for such an action.” (Pub. L. 117-168, § 804(d)) And: “Nothing in this subsection shall impair the right of any party to a trial by jury.” (Pub. L. 117-168, § 804(d))

Bringing a claim under the Act closes other routes against the United States: “An individual, or legal representative of an individual, who brings an action under this section for a harm described in subsection (b), including a latent disease, may not thereafter bring a tort action against the United States for such harm pursuant to any other law.” (Pub. L. 117-168, § 804(e)(1))

What reduces a Camp Lejeune lawsuit payout

The Act offsets certain benefits: “Any award made to an individual, or legal representative of an individual, under this section shall be offset by the amount of any disability award, payment, or benefit provided to the individual, or legal representative” (Pub. L. 117-168, § 804(e)(2)), under programs it names, including those the Secretary of Veterans Affairs administers, Medicare and Medicaid, for health care or a disability relating to exposure to the water.

And it rules out punitive damages: “Punitive damages may not be awarded in any action under this section.” (Pub. L. 117-168, § 804(g))

So an award or settlement under the Act is for the harm the water caused, reduced by the benefits the offset reaches. The Act sets no amount, and this page states none.

The claim to the agency comes first

The Act requires the agency step before a lawsuit: “An individual may not bring an action under this section before complying with section 2675 of title 28, United States Code.” (Pub. L. 117-168, § 804(h))

That section reads: “An action shall not be instituted upon a claim against the United States for money damages for injury or loss of property or personal injury or death caused by the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment, unless the claimant shall have first presented the claim to the appropriate Federal agency and his claim shall have been finally denied by the agency in writing and sent by certified or registered mail.” (28 U.S.C. § 2675(a))

And if the agency does not decide: “The failure of an agency to make final disposition of a claim within six months after it is filed shall, at the option of the claimant any time thereafter, be deemed a final denial of the claim for purposes of this section.” (28 U.S.C. § 2675(a))

If no claim was presented to the agency, there is no denial to count from. Whether a claim can still be presented, and what follows if it is, are questions for a lawyer, and this page does not answer them.

The Camp Lejeune filing deadline

The Act's period: “A claim in an action under this section may not be commenced after the later of” (Pub. L. 117-168, § 804(j)(2)) “the date that is two years after the date of enactment of this Act;” (Pub. L. 117-168, § 804(j)(2)(A)) or “the date that is 180 days after the date on which the claim is denied under section 2675 of title 28, United States Code.” (Pub. L. 117-168, § 804(j)(2)(B))

The law was approved on August 10, 2022, as its approval line reads: “Approved August 10, 2022.” (Pub. L. 117-168) Two years after it is August 10, 2024, and that date has passed.

So for a claim the agency has denied, the period runs to the later of August 10, 2024 and the date the Act's days after the denial come to. The tool above counts it.

And no other period applies: “Any applicable statute of repose or statute of limitations, other than under paragraph (2), shall not apply to a claim under this section.” (Pub. L. 117-168, § 804(j)(3))

Camp Lejeune settlement amounts

The Act does not set an amount for any harm. A settlement is an agreement between the claimant and the United States, and its amount is what they agree.

This page did not read any offer the Department of Justice or the Navy has made to resolve claims, so it states no figure from one. Ask a lawyer how any offer you receive compares with the claim.

What the Act does say about an award is quoted above: it is reduced by the benefits the offset reaches, and it cannot include punitive damages.

What to keep for a Camp Lejeune claim

Records that show you were at Camp Lejeune and for how long: service records, orders, housing records, employment records for a civilian worker, or records for a family member who lived on the base.

Medical records of the illness, with the dates it was diagnosed and treated, and every bill. Records of any disability award or benefit from the programs the offset names, with the amounts.

A copy of any claim presented to the agency, the date it was presented, and any letter in reply, especially a written denial and its date: that date is what the tool counts from.

When to talk to a lawyer about a Camp Lejeune claim

This site is not a law firm, does not refer anyone to a lawyer, and cannot say what a lawyer would recover. The questions on this page are answered by the Act and by the court that hears every claim under it: whether you meet the Act's terms, whether a claim was presented and denied, what the period is for your claim, and how an offer compares. Bring your records, any letters from the agency, and the date the tool shows.