What is the general path of a lawsuit?
Generally, it follows a path of Complaint > Answer > Discovery > Motions > Trial
What is a Complaint?
This is the document that initiates a lawsuit. You are the Plaintiff; the United States of America is the Defendant. In this document, the attorneys will provide the facts of your case and identify the causes of action (what the government did wrong). After the Complaint is filed, it is served on the Defendant.
What is an Answer?
Once the Defendant is served, they have a specified amount of time to file an Answer. The Answer allows the Defendant to respond to each allegation contained within the filed Complaint.
What is Discovery?
The case then moves into what’s known as the Discovery phase, where the parties request and exchange information. This might include military records, medical records, governmental agency reports and investigations and other written and/or electronic materials. Discovery also includes the taking of deposition testimony of parties, lay persons and expert witnesses.
What are Motions?
Once Discovery is complete, deadlines are set for the parties to file Motions. This is where the parties can ask the judge to rule on a broad range of pretrial issues. These issues can range from evidentiary rulings to motions for dismissal. If the judge decides the case can move forward, we go on to the next step.
What is a Trial?
And finally, if the case does not settle prior to the start of trial, it moves to the courtroom: each side provides an opening statement, presents evidence and witnesses, and makes closing arguments before giving the case to the jury for determination.
What are Offsets?
An offset is a deduction from a settlement or jury award of money the government has already spent on your illness. In the simplest terms, it’s how the government gets around not ever paying for anything twice. The exact language from the Camp Lejeune Justice Act is:
HEALTH AND DISABILITY BENEFITS RELATING TO WATER EXPOSURE.—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—
(A) under—
(i) any program under the laws administered by the Secretary of Veterans Affairs;
(ii) the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.); or (iii) the Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.); and (B) in connection with health care or a disability relating to exposure to the water at Camp Lejeune.
This is only for payments related to Camp Lejeune. So if you broke your leg in an accident and Medicare paid your hospital bill, that is not part of the offset. If, however, the VA covered the cost of your Parkinson’s medication and you’re suing the government because the water caused that illness, that money will be deducted from your settlement or jury award.
- This does NOT affect any future disability payments, medical care, widow benefits or anything else you would receive going forward.
- Your lawyer will work to negotiate these offsets down to as little as possible.
- This is standard in all civil litigation and not unique to Camp Lejeune.