If you have concerns about a vaccine injury and you have not yet consulted with your doctor, you should do so promptly. You should also consult with a lawyer about your legal rights.

Why should you consult with a lawyer? There are several ways a lawyer can help you when you are coping with the effects of a vaccine injury. In this article, we cover 10 reasons to talk to a lawyer after being diagnosed with a vaccine-related injury:

1. Vaccine Injuries Can Lead To Significant Financial Costs

From shoulder injuries related to vaccine administration (SIRVA) to Guillain-Barre Syndrome (GBS), vaccine injuries can lead to significant financial costs. Medical treatment expenses can easily climb into the tens, if not hundreds, of thousands of dollars, and many types of vaccine injuries can require prolonged absences from work. A lawyer may be able to help you recover these costs, among others, by filing a claim for just compensation.

2. Vaccine Injuries Can Cause Long-Term Pain and Suffering

Along with significant financial costs, vaccine injuries can also cause long-term pain and suffering. While pain and suffering might not result in direct out-of-pocket costs, these are also losses for which financial compensation is available. If you are entitled to financial compensation for the pain and suffering you have suffered—and will suffer—as a result of your vaccine injury, a lawyer can help you seek the compensation you deserve.

3. Injured Vaccine Recipients Can File Claims with the Federal Government

Recovering financial compensation for a vaccine injury involves filing a claim with the federal government under the National Vaccine Injury Compensation Program (VICP). As the U.S. Health Resources and Services Administration (HRSA) notes, “since [filing a VICP claim] is a legal process, most people use a lawyer.” When you hire a lawyer, your lawyer can fight to recover just compensation on your behalf, and the VICP will pay your legal fees separately from your award of financial compensation (if any).

4. Filing a VICP Claim Requires Proof of Eligibility

To recover financial compensation under the VICP, you must prove that you are eligible. While the eligibility requirements are fairly straightforward (you must have an injury related to a covered vaccine, and you must file your claim in time), submitting all of the necessary information in the correct format is more complicated. Your lawyer can prepare and file your VICP petition for you, and your lawyer can ensure that your petition includes all of the information needed to establish your right to payment.

5. Filing a VICP Claim Requires Proof of Damages

When filing a VICP claim, you also need to prove how much you are entitled to recover. These are your “damages,” and they fall into three broad categories:

  • Medical expenses and other out-of-pocket costs
  • Lost earnings and future earning potential (including income and benefits)
  • Pain and suffering

Proving your damages is itself a multi-step process. Not only must VICP claimants document their losses to date, but they must also accurately forecast their future losses—and they must support these forecasts with substantiating documentation. Your lawyer can help you collect all necessary documentation, and your lawyer can work with experts and take all other necessary steps to prove your current and future losses.

6. Your Lawyer May Be Able to Help You Obtain a Settlement

VICP claims have three possible outcomes: (i) denial, (ii) court award or (iii) settlement. For most claimants, obtaining an out-of-court settlement is the ideal scenario. Not only does securing a settlement reduce the time involved in pursuing a successful claim, but it also avoids the inherent uncertainty of presenting a claim in the U.S. Court of Federal Claims (also known as the Vaccine Court).

If you have a strong VICP claim, your lawyer can negotiate for a fair settlement on your behalf. If the government makes a settlement offer, your lawyer can then help you make an informed decision about whether to accept or keep fighting for more.

7. Your Lawyer Can Represent You in the Vaccine Court if Necessary

If you do not receive an acceptable settlement offer, you will need to present your claim in the Vaccine Court. This is a process that is best handled by an experienced lawyer. You only get one chance to present your claim, and if your presentation is not effective, or if you do not strictly follow the Vaccine Court’s rules, you could easily end up without the compensation you deserve.

8. There Are Steps You Need to Take to Protect Your VICP Claim

From ensuring that your medical records accurately reflect your vaccine injury to documenting your losses and filing your petition with the Vaccine Court, there are several steps involved in filing a successful VICP claim. Your lawyer can guide you through the process step-by-step, and your lawyer will be able to take most of the most important steps on your behalf.

9. There Are Also Mistakes You Need to Avoid

In addition to taking the necessary steps to protect your VICP claim, you must be careful to avoid mistakes as well. Your lawyer can explain what not to do while pursuing your VICP claim; and, if you have questions, you can rely on your lawyer’s advice to make informed decisions.

10. You Have No Reason Not To Seek Free Legal Advice

Finally, if you are struggling to cope with the effects of a vaccine injury, you have no reason not to consult with a lawyer. You can get advice about your legal rights for free, and if you have a VICP claim, you can hire a lawyer to represent you at no cost.

Discuss Your Vaccine Injury Claim with Lawyer Leah V. Durant

Do you have concerns about a vaccine injury? If so, we encourage you to contact us for more information. To schedule a free, no-obligation consultation with lawyer Leah V. Durant, please call 202-775-9200 or tell us how we can help you online today.