Do You Have to Go to Court to Seek Compensation for a Vaccine Injury?

In most cases, seeking compensation for a vaccine injury does not involve going to court. The majority of successful vaccine injury claims settle well before going to a hearing at the U.S. Court of Federal Claims (the “Vaccine Court”) in Washington D.C.

With that said, there are no guarantees. While an experienced vaccine injury attorney may be able to negotiate a settlement on your behalf, it is possible that you will need to take your claim to court in order to secure the compensation to which you are legally entitled. With this in mind, here are some important considerations if you believe you may have a claim under the National Vaccine Injury Compensation Program (VICP):

Thorough Preparation is the Key to Success

As with most things in life, when it comes to seeking compensation for a vaccine injury, thorough preparation is the key to success. This means collecting all necessary documentation, carefully preparing your petition, and anticipating any issues you are likely to encounter during the process.

It Is Difficult (and Risky) to Handle Your Claim On Your Own

While handling your claim on your own is an option, it is not the best option you have available. In order to secure compensation without going to the Vaccine Court, you will need to negotiate a settlement. This means that you will need to convince the government’s attorneys that you have a valid claim, and it also means that you will need a clear understanding of how much you are entitled to recover.

You Must Be Able to Prove Your Right to Compensation

The VICP pays eligible claimants on a no-fault basis. However, you still need to prove your right to compensation. If you do not clearly establish your right to payment under the VICP, then you will need to go to the Vaccine Court and fight for the compensation you deserve.

You Can Hire an Attorney at No Cost

You can hire an attorney to handle your VICP claim at no cost. Hiring an experienced vaccine injury attorney can significantly increase your chances of securing a favorable settlement offer before your VICP claim goes to the Vaccine Court.

Your Attorney Can Take Your Claim to the Vaccine Court if Necessary

While the goal should be to settle your claim for just compensation out of court, you should also be prepared to take your claim to the Vaccine Court if necessary. Vaccine-related injuries and illnesses can lead to substantial losses, and it is important to do everything you can to secure the maximum compensation available.    

Schedule a Free Consultation with Vaccine Injury Attorney Leah V. Durant

Do you have a claim for a vaccine-related injury or illness? If you have questions about filing a claim under the National Vaccine Injury Compensation Program, we encourage you to get in touch. To schedule a free consultation with vaccine injury attorney Leah V. Durant, please call 202-775-9200 or request an appointment online today.