Camp Lejeune Lawsuit: What is the Government’s Elective Option Program?

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The Elective Option is one of the programs established by the Department of Justice and the Department of the Navy (DON) to provide a faster and potentially simpler way for some Camp Lejeune claimants to receive compensation. 

Here, the government proposes a settlement amount based on the severity of your documented health conditions and your service time at Camp Lejeune.

Camp Lejeune water contamination lawyers have been helping victims in this journey, helping them get full compensation for the damages they suffered as a result of consuming the contaminated water. Their assistance is crucial for a successful outcome.

How the Elective Option Program Works

Here’s a breakdown of what the process entails:

Eligibility

To be eligible for the Elective Option, you must already meet the criteria to file a lawsuit under the Camp Lejeune Justice Act. 

This means you served at least 30 days at Camp Lejeune or MCAS New River between 1953 and 1987, and you have a health condition potentially linked to contaminated water exposure. 

Also, you must have already received benefits or healthcare from the Department of Veterans Affairs for a condition potentially related to Camp Lejeune water contamination.

Claim Submission

If you believe you qualify and are interested in the Elective Option, you’ll need to submit a claim to the DON. This process typically involves submitting a claim form along with supporting documentation, such as military service records and medical records.

Department of Navy Review

The Department of Navy will then review your claim to determine eligibility and the severity of your health condition. 

They will use a predetermined framework to assign a settlement value based on factors like the type of illness, the duration of service at Camp Lejeune, and the extent of documented medical care.

Settlement Offer

If your claim is deemed eligible, the DON will present you with a settlement offer based on their evaluation. This offer is typically a lump sum payment.

Your Choice

You have the option to accept the settlement offer or decline it and pursue your claim through the traditional legal system. There’s no pressure to accept the initial offer – you can choose the path that best suits your needs.

Benefits of the Elective Option

The Elective Option offers several potential advantages including the following:

Faster Resolution 

The Elective Option aims to resolve claims more quickly than the traditional legal system. This can be especially appealing if you’re facing significant health challenges and need financial assistance sooner rather than later.

Reduced Costs 

The Elective Option generally involves lower legal fees compared to the traditional legal route.

Reduced Complexity

The Elective Option streamlines the process. You won’t have to navigate the complexities of a lawsuit or deal with lengthy court battles.

What are the Potential Drawbacks of the Elective Option?

While there are benefits, consider these potential drawbacks before opting for the program:

Settlement Amount 

The government determines the settlement offer based on a predetermined structure. This offer might be lower than what you could potentially receive through a traditional lawsuit, especially if your health problems are severe.

Limited Appeal

Once you accept the Elective Option settlement, you generally waive your right to pursue further legal action against the government for your Camp Lejeune-related health problems.

Only One Qualifying Condition 

The Elective Option typically focuses on compensating for one qualifying health condition linked to the contaminated water. If you suffer from multiple health problems, the program may not address all your needs.

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