What the Statute Created
Water supplies serving Marine Corps Base Camp Lejeune were contaminated for decades with industrial solvents including trichloroethylene, perchloroethylene, benzene and vinyl chloride. Legal doctrine had previously blocked most claims.
The Camp Lejeune Justice Act created a specific federal cause of action allowing people exposed there to sue the United States, removing the barriers that had defeated earlier claims.
Thirty days of exposure is the threshold
The statute covers people who lived, worked or were otherwise present at the base for at least thirty days during the defined contamination period, including in utero exposure. That thirty-day total need not be continuous.
How the Process Works
The process is two-step and administrative exhaustion is mandatory. A claim must first be submitted to the Department of the Navy, and only after it is denied or a statutory period passes without resolution can suit be filed in the specified federal court.
Filing suit without completing that administrative step results in dismissal, and it is the most common procedural error in these claims.
The statute uses a relaxed causation standard, requiring evidence sufficient to show the exposure was at least as likely as not a cause, which is materially easier than ordinary tort causation.
Elective Option and Offsets
An elective option offers set payment amounts for specified conditions with qualifying exposure duration, providing faster resolution without individual litigation. Accepting it resolves the claim, so it should be weighed against what an individual claim might yield.
Awards are offset by certain benefits already received for the same injury, including VA disability compensation, so the net position depends on what you already receive rather than on the headline figure.
The filing deadline is statutory and hard
The Act set a limited window for filing claims. Missing it bars the claim regardless of exposure or diagnosis, and it operates independently of any VA benefit entitlement, which is a separate system with its own rules.
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Camp Lejeune Water Contamination Claims: How the CLJA Process Works: Frequently Asked Questions
Answers to the most common questions about this case and your legal options.
Who qualifies under the Camp Lejeune Justice Act?
People who lived, worked or were present at the base for at least thirty days during the defined contamination period, including those exposed in utero.
Do I have to file with the Navy first?
Yes. Administrative exhaustion is mandatory, and filing suit before completing that step results in dismissal.
What causation standard applies?
A relaxed standard requiring evidence that exposure was at least as likely as not a cause, which is easier than ordinary tort causation.
What is the elective option?
Set payment amounts for specified conditions with qualifying exposure, offering faster resolution. Accepting it resolves the claim entirely.
Does this affect my VA benefits?
VA benefits are a separate system, but awards are offset by certain benefits already received for the same injury, so the net position depends on what you receive.
Legal Disclaimer
This article is general legal information, not legal advice, and does not create an attorney-client relationship. Case status, eligibility criteria, and any amounts described are as reported at the date shown and may change. Consult a licensed attorney in your jurisdiction about your own situation.