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Do You Need a Lawyer to Pursue a Vaccine Injury Claim?

While it isn’t widely discussed, thousands of people across the country pursue vaccine injury claims every year and are ultimately awarded compensation. These claims are so common that Congress created the National Vaccine Injury Compensation Program (NVICP) in the 1980s. Claimants are paid from a trust fund that is funded by taxes paid by vaccine manufacturers. And while you aren’t required to hire a lawyer to pursue a claim, working with a North Carolina vaccine injury lawyer can significantly increase your likelihood of receiving fair compensation. 

A Well-Prepared Vaccine Injury Claim is Crucial to Success

The process begins by filing a petition with the U.S. Court of Federal Claims. Your petition should identify your injury or illness and which vaccine caused it. You must also demonstrate that your illness lasted six months or more after receiving the vaccine, that you needed hospitalization or surgery, or that your loved one died due to receipt of the vaccination.

While this sounds straightforward, your claim needs to be carefully and meticulously documented. Once filed, your petition will eventually be reviewed by the Department of Health and Human Services (HHS) and the Department of Justice (DOJ). Your petition should make a strong case for why you deserve compensation and hopefully persuade them to agree with you. An experienced lawyer will know how to prepare a carefully drafted and well-reasoned petition.

You Will Likely Be Required to Attend a Hearing

After being reviewed by the HHS and DOJ, your petition will be assigned to a special master. The special master usually schedules a hearing on the claim. All parties to the claim may attend, testify, and submit evidence. Following the hearing, the special master will determine whether you are entitled to compensation and in what amount.

While the hearing may not be as formal as a trial, the outcome is obviously important. You should expect that HHS, acting through their counsel at DOJ will challenge your claim. A lawyer will know what evidence to submit, how to cross-examine any witnesses, and how to craft a persuasive argument supporting your case.

Your Attorney’s Fees and Costs Will Be Paid by The Vaccine Manufacturers

Many people are hesitant to hire an attorney for one simple reason – lawyers are expensive.  For this reason and to ensure that the Vaccine Injury Program would serve those who need it, Congress mandated that claimants’ legal fees and costs be paid from a trust fund that is funded by the taxes paid by vaccine manufacturers. This is somewhat remarkable in that lawyers are typically paid a portion of their clients’ compensation in an injury case. And if your claim is unsuccessful, vaccine injury lawyers will not charge you a fee. As a result, hiring a vaccine injury attorney can significantly increase your likelihood of success with no additional risk or costs.

Contact a North Carolina Vaccine Injury Lawyer at Martin & Jones

If you have suffered a vaccine-related injury, you may be entitled to compensation. To discuss your potential claim with someone who knows how to get results, contact a lawyer at Martin & Jones to schedule a free consultation. Call 800-662-1234 today to discuss your case and how we can help you get the compensation you deserve.



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The law firm you choose makes a difference. If you are the victim of an accident or an illness that someone else caused, the North Carolina personal injury law firm of Martin & Jones has the depth of experience, skills and sensitivity to make your road to recovery as smooth as possible. Whether you have experience with the legal system or have never hired a medical malpractice or personal injury lawyer before, our attorneys and staff will do our best to answer your questions, provide clear advice and prepare you and your family for what to expect. If you would like more information or to meet with one of our attorneys, please fill out the form below or call us at 800.662.1234.