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Attorney Mark Sadaka discusses the vaccine injury compensation program. Mr. Sadaka is a trial attorney with a focus on medical litigation that has handled over 175 vaccination cases since 2005.
Vaccine injury claims are similar to a personal injury claims. A personal injury claim is filed with the insurance company before any lawsuit is considered. The claims process is a series of negotiations between the injured party and the insurance company’s claims adjuster. Hopefully, the negotiations result in a compromised settlement payment, where both parties are satisfied.
Unfortunately, if the negotiation process between the injured party and the insurance company’s claims adjuster breaks down—and a compromise can’t be reached—then a personal injury lawsuit will be filed. A breakdown may occur if the claims adjuster denies that their insured was at-fault, or doesn’t agree with the severity of the injured party’s injuries and the monetary amount they’re demanding. When claim negotiations hit a wall, the next step is a lawsuit.
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Although they are similar, there are some key differences between vaccine Injury claims and standard personal injury lawsuits. For instance, if you’re injured by an individual driving a vehicle, you can file a personal injury lawsuit in your local court. However, if you are injured by a vaccine, you must file your claim with the vaccine court located in Washington D.C.
Any lawyer that’s licensed to practice in your state can represent you in a personal injury lawsuit. With a vaccine injury claim, you can only be represented by a lawyer that’s admitted into the vaccine court.
In a vaccine injury claim, the manufacturer of the vaccine that caused the injury is not part of the claim. In the Vaccine Injury Court, the government steps in for the drug companies that manufacture the vaccines.
If the person injured by a vaccine is not satisfied with the result of the claims process, he or she can elect to file a lawsuit against the vaccine manufacturer, We will address the process of filing a lawsuit against the vaccine manufacturer in a future video.
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You Only Have Three Years To File Your Claim
The first step in helping yourself or a loved one after a serious vaccine related injury is to contact us for a free review of your case.