Law enacted regarding time limitations for Camp Lejeune Cases
PACT Act Subsection 804
(j) APPLICABILITY; PERIOD FOR FILING.
(1) APPLICABILITY.—This section shall apply only to a claim accruing before the date of enactment of this Act.
(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.
(3) INAPPLICABILITY OF OTHER LIMITATIONS.— Any applicable statute of repose or statute of limitations, other than under paragraph (2), shall not apply to a claim under this section.
In other words, time is of the essence. You MUST file the lawsuit within the stated time limitations or you forever lose your right to file. Since the federal law was enacted on August 10, 2022, to be safe, you should have the lawsuit filed by August 9, 2024. However, before a victim can even file the lawsuit in Federal Court, the victim first go through the administrative process by filing Department of Navy Form 95. In other words, one must start the process by first filing a claim with JAG (Judge Advocate General) of the Navy Tort Claims Unit. Then, 180 days after filing the administrative notice, you can then file the federal lawsuit, assuming the claim is denied/ignored. Because the statute says “the later of” you potentially have an additional 180 days after you claim is denied, even after the August 2024 deadline. The exact time deadline date depends on exactly when you file, etc. In any case, as an aggressive personal injury attorney, I wouldn’t want to take any chances. Our PI Law Firm does not delay important filing and we will file immediately upon gathering all your information. We strongly advise you to contact an experienced personal injury lawyer to help you get needed paperwork on file immediately and not potentially lose your case based on missed time limitations.