Leah Durant | Vaccine Attorney - Vaccine Blog

Monday, February 12, 2018

Filing a Vaccine Injury Claim: Tips to Consider Before Hiring a Vaccine Injury Lawyer

For individuals who are experiencing pain after a vaccination, this pain is not something to be ignored. While a small amount of discomfort at the injection site is normal, severe pain that lasts more than a day or two could be a sign of a serious vaccine-related injury.

From ongoing medical treatment and recovery to missed time from work, dealing with a vaccine-related injury can be expensive. Fortunately, there is a federal government program, known as the National Vaccine Injury Compensation Program (VICP) that provides financial relief for individuals diagnosed with vaccine-related injuries. The VICP also covers claimants’ legal fees separately from their awards of compensation, so hiring a vaccine lawyer can come at no financial cost to you.

If you are concerned about a vaccine-related injury, you should speak with an experienced vaccine lawyer. To make the process as efficient as possible, here are some steps you can take to prepare for your VICP claim:

1. Determine if You are Eligible to File

In order to file a claim under the VICP, you must meet one of three basic eligibility criteria. Individuals who are eligible to file vaccine injury claims include:

  • An individual who has been personally diagnosed with a vaccine-related injury
  • A parent or legal guardian of a child diagnosed with a vaccine-related injury
  • The personal representative of the estate of an individual who is deceased and whose death may have been the result of a vaccine-related injury

2. Find out if You Have an “On-Table” Injury

The Health Resources & Services Administration (HRSA) is responsible for administering the VICP, and it maintains a Vaccine Injury Table which lists many of the vaccines and injuries that are eligible for compensation. While you do not need to have an “on-table” injury to file a claim, knowing whether your injury is listed will help determine the steps involved in pursuing your claim for compensation.

3. Make Sure Your Injury Meets the HRSA’s “Severity” Requirement

The National Vaccine Injury Compensation Program only provides compensation for “severe” vaccine injuries. A vaccine injury is considered “severe” if:

  • It lasts for more than six months following vaccination;
  • It requires in inpatient hospitalization and surgical treatment; or,
  • It results in death.

4. Make Sure it is Not Too Late to File a VICP Claim

There are limits on how long individuals can wait to seek compensation under the VICP (also known as “statutes of limitations”). In most cases, you must file (i) within three years of the first onset of symptoms of a non-fatal injury, or (ii) within two years of death resulting from a vaccine-related injury.

5. Learn What to Expect During Your Vaccine Injury Claim

Securing compensation under the National Vaccine Injury Compensation Program is a process, and the more you can do to prepare, the smoother it will go. For more tips on getting ready to file a vaccine injury claim, we encourage you to read:

Speak with a Vaccine Injury Lawyer for Free

If you would like more information about filing a claim under the National Vaccine Injury Compensation Program, we encourage you to contact us for a free initial consultation. To speak with an experienced vaccine injury lawyer about your rights, please call (202) 800-1711 or request an appointment 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.



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