form and full instructions for filing the requisite claim : www . jag . navy . mil . This is the starting point for filing the administrative claim .
The Department of the Navy , Office of the Judge Advocate General , Tort Claims Unit Norfolk is processing the administrative claims . The Department of Justice , Environmental and Natural Resources Division will defend the lawsuits in federal court .
The Director of the Camp Lejeune claims processing at Navy JAG , advised that the Navy is acquiring technology to process claims digitally , including batch filing of claims , but the sheer volume of claims will slow that process . It is essential to follow the www . jag . navy . mil website for the latest improvements in handling claims as they are developing modern technologies and procedures regularly .
Navy JAG has contracted the processing of all civil claims to civilian attorneys and has done so for more than a decade . The unwelcome news is that there are only ten civilian attorneys to process the influx of tens of thousands of claims within 180 days . The result is that there will be no time for evaluating claims and negotiating settlements . Navy JAG is trying to simplify and thereby expedite the process , so they are asking that we file no medical records with our claims . They are also accepting DocuSign authorizations and filings from clients and attorneys .
One cautionary warning is that the instructions on the web site indicate that a person who files in a representative capacity , e . g ., the Administrator of an Estate , must attach to the claim , proof of their appointed capacity . Have your estate representative appointed before filing a death claim . It is not known whether Navy JAG will reject a claim with no proof of appointment of an administrator or whether they will treat it as a discrepancy , with opportunity for correction .
Attorneys ’ fees
The basis for the fee in Camp Lejeune Justice Act litigation is the private contract between client and attorney . This is not a Federal Tort Claims Act case and the cap on attorneys ’ fees under Section 2678 is not applicable to a claim brought under CLJA , which is an exclusive remedy for Camp Lejeune claims .
Filing the Administrative Claim : Specific Amount of the Demand
Navy JAG requires that each claimant make a specific monetary demand for their claim in precise dollar amounts , separately for personal injury and wrongful death and then totaled . Demand only compensatory damages as there are no punitive damages awards in CLJA cases . If there is no specific demand , the Navy JAG will either declare the claim deficient with the opportunity to amend and cure , or they may reject and deny the claim .
The Pitfall : Do Not Create Your Own Cap .
The amount of the claim in dollars set out in the administrative claim creates a cap on the amount of the client ’ s recovery in federal court . If you claim $ 10,000 as the specific amount in dollars for your total claim at the administrative level and you later receive a $ 1 million judgment in a federal court trial , the amount of the recovery is capped at $ 10,000 , unless you can show new evidence that was unavailable at the time of your $ 10,000 administrative claim that influenced the jury award . Finally , when you receive a discrepancy letter from Navy JAG , respond to it expeditiously as possible because tolling of the statute of limitations does not occur during the time that we delay our response to a discrepancy letter .
804 ( j )( 2 ) Statute of Limitations —
A claim in an action under this section may not be commenced after the later of ( A ) the date that is two years after the date of enactment of this Act ; or ( B ) the date that is 180 days after the date on which the claim is denied under section 2675 of title 28 , United States Code . Any applicable statute of repose or statute of limitations other than under paragraph ( 2 ), shall not apply to a claim under this section .
Conclusion : The Camp Lejeune Justice Act of 2022 is a living document that will require multiple interpretations and decisions by Federal Judges and Magistrates , Navy JAG , the Department of Justice , and Plaintiffs and their attorneys . The changes will come swiftly so be certain to keep abreast of decisions in this litigation .
The Camp Lejeune Justice Act of 2022 is unique legislation designed to correct unjust mistakes of the past that have denied Justice to those who deserve it most , the front-line defenders of our Democracy , our freedoms , and our defining concept of Equal Justice Under Law . We are a long way from achieving Equal Justice Under Law , but this legislation brings our deserving veterans closer .
The Trial Lawyer x 57