If you are thinking about filing a vaccine injury claim in 2024, there is a lot you need to know. Seeking financial compensation under the National Vaccine Injury Compensation Program (VICP) is a unique process; and, while it is less complicated than suing a healthcare provider or pharmaceutical company, there are still steps you need to take (and deadlines you need to meet) to assert your legal rights effectively. In this article, vaccine lawyer Leah V. Durant explains what you need to know about filing a VICP claim in 2024:
Important Deadlines for Filing a VICP Claim
There are strict deadlines for filing vaccine injury claims under the National Vaccine Injury Compensation Program. If you miss the deadline for filing your claim, you won’t be able to recover any financial compensation—even if your (or your loved one’s) injury is clearly vaccine-related. The deadlines for filing VICP claims in 2024 are:
- Three years from the first onset of symptoms for non-fatal vaccine injuries
- Two years from the date of death for fatal vaccine injuries
But, while you may have multiple years to file your VICP claim, this doesn’t mean that you should wait to file. In fact, there are several reasons to get started on your VICP claim as soon as possible. If you’ve been putting off filing a claim to enjoy the holidays (or for any other reason), it will be best if you speak with a vaccine lawyer promptly.
Additional Timing Considerations for Filing a VICP Claim
Along with making sure you meet the applicable deadline, there are additional timing considerations involved in filing a vaccine injury claim under the VICP. For example, depending on your (or your loved one’s) specific diagnosis, you will need to prove that symptoms began to appear within a certain number of days following immunization. Medical records are key evidence in VICP claims, and it is important to make sure that your (or your loved one’s) medical records clearly reflect both the date of immunization and the date of first onset of symptoms. If you have questions or concerns, an experienced vaccine lawyer will be able to help.
Covered Vaccines and “On Table” Injuries
The National Vaccine Injury Compensation Program only covers injuries caused by certain CDC-recommended vaccines. While this includes most vaccines recommended for routine administration in the United States, the COVID-19 vaccine is currently one notable exception. To find out if your (or your loved one’s) vaccine is covered, you can read: Which Vaccines are Covered Under the VICP?
With all covered vaccines, vaccine-related injuries fall into one of two categories: “on table” or “off table.” If you (or your loved one) has been diagnosed with an “on table” injury, then you do not need proof of causation to file a successful VICP claim. “Off table” injuries require proof of causation; and, while this adds a step to the process, you can still file a successful claim with the help of an experienced vaccine lawyer (though there are no guarantees).
The ”on table” and “off table” classifications are based on the Vaccine Injury Table maintained by the U.S. Health Resources and Services Administration (HRSA). You can access the Vaccine Injury Table on the HRSA’s website.
Requirements for Filing a Vaccine Injury Claim Under the VICP
Filing a claim under the VICP starts with submitting a petition to the U.S. Court of Federal Claims (also known as the “Vaccine Court”). This is a legal document—and it is extremely important—so it is best to have your petition prepared by an experienced vaccine lawyer.
Along with ensuring that your petition includes all required information, there are various technical and procedural requirements you need to meet as well. An experienced vaccine lawyer will also be able to help ensure that you do everything necessary to effectively protect and assert your legal rights.
Documenting and Calculating Your Family’s Losses
The VICP pays full compensation for eligible claimants’ financial losses (i.e., medical expenses and lost wages), and eligible claimants can obtain up to $250,000 for their pain and suffering. But, to obtain any compensation at all, you must be able to prove how much you are entitled to recover.
With this in mind, if you are thinking about filing a VICP claim in 2024, it is important that you do your best to document the costs of your (or your loved one’s) vaccine injury. This means that you should try to take steps such as:
- Locating your (or your loved one’s) vaccination records
- Keeping copies of your (or your loved one’s) medical records
- Keeping your medical bills and receipts
- Keeping your employment records if you miss work due to a vaccine injury
- Starting a “pain journal” where you document the daily effects of the vaccine injury on your (or your loved one’s) life
To be clear, these aren’t the only steps involved in documenting your losses after a vaccine injury. An experienced vaccine lawyer will be able to assist you with gathering the documentation you need, and your lawyer will be able to accurately calculate your family’s present and long-term losses as well.
Deciding When (and If) to Settle Your Vaccine Injury Claim
Many successful VICP claims result in out-of-court settlements. While it may eventually be in your best interests to settle, it is important that you not settle for less than you deserve. Your vaccine lawyer will be able to help you decide when (and if) to settle, and your lawyer will be able to take your claim to the Vaccine Court if necessary.
Schedule a Free, No-Obligation Consultation with Vaccine Lawyer Leah V. Durant to Learn More
Are you thinking about filing a vaccine injury claim in 2024? If so, we strongly encourage you to contact us for a free, no-obligation consultation. To learn about our no-cost legal representation for VICP claims, please call 202-800-1711 or send us a message online to schedule an appointment with vaccine lawyer Leah V. Durant.
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: Vaccine Injury Claim
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