Filing a vaccine claim can be a complex process. It is often best to allow a skilled and specifically skilled attorney to handle this process for you. The National Vaccine Injury Compensation Program, or VICP, was implemented to offer a non-adversarial and non-litigious method for filing such claims. However, the process remains complex and has numerous limitations that could impact your ability to file such a claim. Talk to a Los Angeles vaccine injury attorney from The Liberatore Law Firm today.
Know If You Have a Vaccine Injury
The burden of proof falls on the shoulders of the victim in this situation. That means you must be able to demonstrate that the vaccine is what caused you to suffer some loss. Vaccines are designed to push the immune system harder to learn how to fight against a specific disease. Yet, some people have very bad reactions to them, and that may lead to serious illness or, in some cases, death.
Determining Responsibility in Vaccine Injury
It is necessary to determine who is responsible for a vaccine injury next, another very important reason to hire an attorney. The responsibility for any harm is typically attributed to the individual or the healthcare professionals administering the vaccine. It may also apply to the vaccine manufacturers, who may not have properly tested or warned against such risks in a way that they should have.
The VICP can also be a helpful tool. This program provides a no-fault compensation system for those who experience adverse effects from their vaccines. It works to address the rare instances in which a person may suffer injury through no fault of their own but rather due to getting a recommended vaccine.
In most situations, it is possible to work with an attorney to file a claim through the VICP, which could help you to maximize the outcome in some situations. The claim is made directly to this organization, which investigates and offers solutions. Remember that though this organization exists to speed up and improve the efficiency of the vaccine injury claim process, they are not necessarily working on your behalf. That means having your legal team in place is still very important to protect you throughout this process.
You Must Build a Case
The complexity in these situations is that you are responsible for building your case. You will need to have medical records that demonstrate what occurred. You must have a list of doctors or hospitals where you were treated, not just given the vaccine but also treated for your injuries. In addition to this, you must be able to provide documentation of the losses you suffered, including how these injuries impacted your life, that of your family members, and your ability to do what you used to do. Testimonials are often a core component of this process.
The complexity of filing a claim with the VICP program makes it critical that victims work with a team of attorneys to protect their right to damages.