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Understanding the Complexities of Vaccine Injury Claims: A Lawyer’s Perspective

If you or someone you love was injured by a vaccine, it can have a serious impact on your health, necessitating long-term and costly medical care. You could be entitled to compensation for your medical bills and injury-related financial expenses and losses. A personal injury lawyer can help you file an insurance claim or lawsuit to recover damages.

The lawyer handling your case will explain your rights and provide an understanding of the complexities of vaccine injury claims. A lawyer’s perspective can help you explore your legal options and effectively navigate the financial recovery process. They can also deal with the insurance company on your behalf so you can focus on your physical recovery.

What Damages Are Recoverable From a Vaccine Injury Claim?

Compensation for victims of vaccine injuries can include economic and non-economic damages. The economic, or out-of-pocket, damages your lawyer requests will include:

  • Past, current, and future medical bills
  • Past, current, and future loss of income

You can also recover non-economic, or intangible, damages. These can be difficult to quantify and document on your own. They typically include:

  • Physical pain and suffering
  • Mental and emotional distress
  • Impairment and disfigurement
  • Diminished quality of life

If a vaccine injury caused the demise of a loved one, your lawyer will also request a range of wrongful death damages. They can include funeral arrangements, loss of financial support, and loss of consortium and guidance.

What Is the Statute of Limitations for Filing a Vaccine Injury Lawsuit?

Like all civil cases, vaccine injury lawsuits have a statute of limitations—a filing deadline—that determines how long you have to file your lawsuit. In general, the medical malpractice statute of limitations is generally three years, according to CCP § 340.5.

The National Vaccine Injury Compensation Program (VICP) provides compensation for injuries related to specific vaccines. As much as 60% of the compensation awarded via the VICP vaccine compensation program is the result of settlement negotiations. VICP imposes a three-year filing deadline. In cases of vaccine-related demise, it imposes a two-year filing deadline.

What Vaccines Are Eligible for Compensation Under VICP?

When a vaccine injury lawyer accepts your case, they provide a needed legal perspective on vaccine injuries, including which vaccines and related injuries make you qualify for compensation via VICP.

Covered vaccines include:

  • Diphtheria
  • Influenzae type b
  • Hepatitis A and B
  • Human papillomavirus
  • Seasonal influenza
  • Measles, mumps, rubella
  • Pertussis
  • Polio
  • Rotavirus
  • Tetanus
  • Varicella

Your lawyer can help you document the administration of the vaccine and the correlation between it and your damaged health.

What Injuries and Complications Have Been Reported From Covered Vaccines?

One of the complexities of vaccine injury claims is documenting your vaccine and subsequent healthcare challenges. Some commonly reported injuries related to vaccines include:

  • Anaphylaxis
  • Brachial neuritis
  • Encephalitis
  • Shoulder injuries
  • Chronic arthritis
  • Immunodeficiencies
  • Guillain-Barré Syndrome

A key benefit of hiring a medical malpractice lawyer is their familiarity with documenting cases like yours. They will scrutinize your healthcare records with input from vaccine and medical experts who substantiate your claim and attest to your right to financial recovery.

How Does a Lawyer Negotiate a Settlement for a Vaccine Injury Case?

Substantiating your compensation claim means proving the injuries the vaccine caused, the toll they have taken on your health, life, and lifestyle, and their financial impact. To document your claim and its value, your vaccine injury attorney will collect evidence, including:

  • Vaccine expert witness testimony
  • Medical records and bills
  • Affidavit of Merit
  • Proof of income
  • Photos of any visible injuries

The evidence is an important part of your claim. In some cases, the weight of the evidence can steer your claim toward a settlement. The law firm you choose will have team members and resources to collect evidence and build your evidence collection.

How Does a Lawyer Negotiate a Settlement in a Vaccine Injury Claim?

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