Do I Need a Lawyer to File a Vaccine Injury Claim?

For individuals who are diagnosed with vaccine-related injuries, recovering their losses typically involves filing a claim under the National Vaccine Injury Compensation Program (VICP). While it is possible to file a VICP claim on your own, you can also hire a vaccine injury lawyer to help you, and you can do so at no cost.

If you believe that you may be entitled to financial compensation under the VICP, here are five reasons to hire a lawyer for your vaccine injury claim:

1. You Can Hire a Lawyer at No Cost

As we mentioned above, you can hire a lawyer to handle your vaccine injury claim at no cost. This is because the VICP pays claimants’ legal fees separately from their awards of financial compensation. Unlike a traditional personal injury claim, when you file a claim under the VICP your legal fees are not deducted from your settlement or award.

2. You Need to Prove that You Qualify for Compensation

While the VICP is a federal government program, it does not simply pay benefits to anyone who applies. In order to receive compensation under the VICP, you must be able to prove that you qualify. Among other things, this means that you need to be able to prove:

  • That you have been diagnosed with a vaccine-related injury or illness;
  • That your symptoms onset within a certain specified timeframe (which varies by both vaccine and medical condition);
  • That your injury or illness is “severe” as defined by the VICP; and,
  • That you have filed your claim on time.

3. You Need to Prove the Amount You Are Entitled to Recover

In addition to proving that you qualify for compensation, you also need to prove how much compensation you are entitled to recover. The VICP pays compensation for four primary types of losses:

  • Medical bills related to the vaccine injury or illness
  • Other out-of-pocket expenses related to the vaccine injury or illness
  • Loss of income
  • Pain and suffering

4. Most Successful VICP Claims are Resolved Via Settlement

If you are entitled to financial compensation under the VICP, an experienced vaccine injury lawyer may be able to negotiate a settlement on your behalf. Most successful claims are resolved in this fashion. However, obtaining a settlement involves negotiating with attorneys from the U.S. Department of Justice—who represent the U.S. Department of Health and Human Services in all VICP claims.

5. If You Don’t Receive a Settlement, You Will Need to Go to Court

If you don’t receive a reasonable settlement offer for your vaccine injury claim, you will need to take your claim to court. All VICP claims go to the U.S. Court of Federal Claims (the “Vaccine Court”) in Washington D.C. Seeking compensation in the Vaccine Court requires comprehensive knowledge of the laws and rules that apply, so it is extremely important to have experienced legal representation.

Discuss Your VICP Claim with Vaccine Injury Lawyer Leah V. Durant

If you have been diagnosed with a vaccine injury and are thinking about filing a claim under the VICP, we invite you to contact us for a free, no-obligation consultation. To discuss your claim with vaccine injury lawyer Leah V. Durant in confidence, call 202-800-1711 or tell us how we can reach you online today.

Leah Durant Bio

Experienced litigation attorney Leah Durant focuses on representing clients in complex vaccine litigation matters. Leah Durant is the owner and principal attorney of the Law Offices of Leah V. Durant, PLLC, a litigation firm based in Washington, DC. Leah Durant and her staff represent clients and their families who suffer from vaccine-related injuries, adverse vaccine reactions and vaccine-related deaths. The Law Offices of Leah V. Durant, PLLC is dedicated to assisting individuals in recovering the highest level of compensation as quickly and efficiently as possible. To learn more, contact vaccine attorney Leah Durant today.

Categories: National Vaccine Injury Compensation Program

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