Camp Lejeune Attorney Fees: The 20% / 25% Cap Explained [2026 Update]

One of the most common questions we get from clients is: “What are the attorney fees for the Camp Lejeune water contamination lawsuit?”

Although many law firms are charging contingency fees of 40% or higher, we believe that Camp Lejeune attorney fees are capped at 20% or 25% of the total recovery in accord with the Federal Tort Claims Act.

Fob James Law Firm has honored that cap since the Camp Lejeune Justice Act was signed into law. If your current attorney’s contract calls for more than 25%, there is a strong argument that it violates federal law.

Fob James, IV has been featured in Bloomberg Law’s coverage of the Camp Lejeune attorney-fee dispute, “Marines, Toxic Water and Lawyers: A Fight Over Billions in Fees.”

Key Takeaways

• Pre-suit administrative settlement: 20% attorney fee maximum. After a federal lawsuit is filed: 25% maximum.
• The caps come from 28 U.S.C. § 2678 of the Federal Tort Claims Act (FTCA).
• The U.S. Department of Justice and the U.S. Navy have confirmed, in public guidance and in a federal-court filing, that the caps apply to every Camp Lejeune judgment or settlement.
• Fob James Law Firm charges 20% / 25% — not 40%. If we do not obtain a recovery, you owe us nothing, not even expenses.
• Pending federal legislation — the Ensuring Justice for Camp Lejeune Victims Act of 2025 (H.R. 4145 / S. 907) — would codify the 20% / 25% caps into the Camp Lejeune Justice Act itself.

Camp Lejeune Attorney-Fee Comparison

Jump to Topic:

• Why Camp Lejeune Attorney Fees Are Capped at 20% or 25%
• How the Fee Is Calculated — With Examples
• The FTCA Fee Cap
• How the CLJA of 2022 Incorporates the FTCA
• How the CLJA of 2021 Expressly Limited Fees
• What the DOJ and Navy Say About Fees
• Pending Legislation to Codify the 20% / 25% Cap
• Current Status of the Camp Lejeune Litigation (April 2026)
• Frequently Asked Questions
• Contact Fob James Law Firm

Why Camp Lejeune Attorney Fees Should Be Capped at 20% or 25%

Fob James Law Firm honors the attorney-fee caps in both the Federal Tort Claims Act and the Camp Lejeune Justice Act of 2021.

The FTCA applies to negligence claims against the federal government. Section 2678 expressly limits attorney fees to 20% for administrative settlements and 25% for litigation recoveries.

The original 2021 House version of the Camp Lejeune Justice Act (H.R. 2192) likewise limited attorney fees to 20% or 25% and expressly incorporated § 2678.

The final version signed into law — the Camp Lejeune Justice Act of 2022 (S. 3176), signed by President Biden on August 10, 2022 — removed the express fee-cap provision. That one drafting change has caused widespread confusion, and many firms have used the ambiguity to charge 40% or higher contingency fees.

But the 2022 Act still requires every claim to first go through the FTCA’s administrative process under 28 U.S.C. § 2675. That procedural incorporation — combined with public DOJ and Navy guidance — is why the 20% / 25% caps should still apply.

Three reasons the fees should be capped at 20% or 25%:

1. The Federal Tort Claims Act historically caps attorney fees at 20% or 25%. The Camp Lejeune Justice Act of 2022 incorporates the FTCA’s claim process.
2. The original Camp Lejeune Justice Act of 2021 expressly limited fees to 20% or 25% under § 2678. The Senate removed the express cap, but Section 2(g), which incorporates the FTCA, remained.
3. The Department of Justice and U.S. Navy have unequivocally stated — in public guidance and in a federal-court filing — that Camp Lejeune attorney fees are capped at 20% or 25%.

Our Camp Lejeune lawyers charge either a 20% or 25% attorney’s fee depending on the stage your claim is resolved. If we do not obtain a recovery, you owe us nothing — not even expenses.

To schedule a free consultation, call (866) 837-1010 or contact us online.

How the Fee Is Calculated

Under Section 2678 of the Federal Tort Claims Act, attorney fees in tort claims against federal employees are capped based on the stage of the case:

Example 1 — Case Settled Before a Lawsuit Is Filed

If your claim is resolved administratively (submitted to the Department of the Navy’s Office of the Judge Advocate General, or JAG, and settled without a lawsuit), the attorney’s fee is capped at 20% of the total recovery.

Example: Your case settles pre-litigation for $100,000. The attorney’s fee is $20,000.

Example 2 — Case Resolved After a Lawsuit Is Filed

If your claim is resolved by settlement or judgment after a federal lawsuit is filed, the attorney’s fee is capped at 25% of the total recovery.

Example: Your case resolves after a lawsuit is filed for $100,000. The attorney’s fee is $25,000.

The Federal Tort Claims Act Caps Attorney Fees

Before the Camp Lejeune Justice Act was signed into law, Camp Lejeune victims filed lawsuits against the federal government under the FTCA — and most of those cases were dismissed because of North Carolina’s statute of repose. The CLJA removed that bar and opened a two-year window for administrative claims. That window closed on August 10, 2024.

Even so, the FTCA’s claims framework still governs. In most environmental tort cases, law firms typically charge a 40% contingency fee. But under § 2678, the attorney fees in tort claims brought against employees of the federal government are capped at 20% pre-suit or 25% after suit is filed .

The Camp Lejeune Justice Act of 2022 Incorporates the Claims Process of the FTCA

Section 2(g) of the CLJA specifically incorporates 28 U.S.C. § 2675:

(g) Disposition By Federal Agency Required. — An individual may not bring an action under this section before complying with section 2675 of title 28, United States Code.

— S. 3176

In practice, that means every Camp Lejeune claim must first be submitted to the Office of the JAG. JAG then has six months to administratively resolve the claim. If the claim is not resolved within six months (or is denied), the claimant has 180 days to file a federal lawsuit in the U.S. District Court for the Eastern District of North Carolina.

Because the CLJA incorporates the FTCA’s claims process, and because tort claims against the federal government historically are brought under the FTCA, Camp Lejeune lawyer fees should be capped at 20% or 25%.

The Camp Lejeune Justice Act of 2021 Expressly Limited Attorney Fees to 20% or 25%

The March 26, 2021 House version of the Camp Lejeune Justice Act (H.R. 2192) specifically limited attorney fees to 20% or 25% based on Section 2678 of the FTCA:

(H) ATTORNEY FEES. — ATTORNEY FEES FOR SERVICES PROVIDED TO AN INDIVIDUAL SEEKING A REMEDY UNDER THIS SECTION SHALL BE IN ACCORDANCE WITH SECTION 2678 OF TITLE 28, UNITED STATES CODE [FTCA].

— H.R. 2192

This express attorney-fee provision was removed from the Senate’s 2022 version (S. 3176). However, Section 2(g) — which incorporates the FTCA’s claims process — remained in the final bill. As a result, Camp Lejeune attorney fees should be limited pursuant to the “spirit” of the bill and the express text of § 2675.

In any event, Fob James Law Firm honors both the FTCA and the original version of the CLJA. Our Camp Lejeune attorney fees are limited to 20% or 25% of the total amount recovered.

The Government Says Camp Lejeune Attorney Fees Are Capped at 20% or 25%

The Department of Justice and the Department of the Navy have said — on the record, repeatedly, and in federal court — that attorney fees on Camp Lejeune recoveries are capped at 20% or 25%.

Attorney Fees Are 20%–25% Under the Elective Option

On September 6, 2023, the DOJ and Navy announced the Camp Lejeune Elective Option (EO) — a voluntary settlement program for certain qualifying injuries that offers payouts between $100,000 and $550,000.

On September 15, 2023, the JAG and DOJ released public guidance confirming that attorney fees for EO settlements are capped at 20%–25% pursuant to the FTCA:

Attorney Fees Are 20%–25% With Any Camp Lejeune Settlement or Judgment

The Department of Justice issued a notice to attorneys on its Camp Lejeune webpage stating that the fee caps apply to any judgment or settlement — not just the Elective Option:

On October 27, 2023, the DOJ filed a Statement of Interest in the Eastern District of North Carolina formally arguing this position. As of April 2026, the EDNC has not yet issued a definitive ruling on the fee-cap issue, but DOJ and Navy guidance remains the operative position, and the government is expected to include a 20% / 25% fee-cap condition on any future settlement with a Camp Lejeune plaintiff.

Update — The DOJ Has Repeatedly Reiterated Its Position

In multiple joint status reports filed with the court, the DOJ has noted that some plaintiff firms are continuing to complain about the 20% / 25% cap. The DOJ has said that a definitive ruling from the court on the fee issue would facilitate the settlement process — but no such ruling has yet been entered.

Legislators and Veteran Groups Are Seeking an Amendment to the CLJA

Because of the exorbitant fees some firms are still charging — and because the DOJ’s guidance alone does not carry the force of law — Congress has repeatedly tried to amend the CLJA to codify the 20% / 25% caps.

Many of the firms charging the highest fees are spending millions on TV and digital advertising, or referring their cases to other firms that actually do the work, then splitting fees two or three ways. They charge higher contingencies to recoup marketing costs or to compensate multiple firms.

The attorney-fee dispute has drawn national coverage, including Bloomberg Law’s reporting on the fight over billions in potential fees across the CLJA docket.

Fee-Cap Proposals in the House (Prior Congresses)

• December 6, 2022 — Rep. Mike Bost (R-IL) and Rep. Darrell Issa (R-CA), along with eight cosponsors, introduced House legislation to cap CLJA attorney fees at 25%.
• February 28, 2023 — Reps. Jerrold Nadler (D-NY) and Mark Takano (D-CA) introduced a bill to cap fees at 20% for settlements reached within 180 days of the administrative claim and 33⅓% afterward.

Neither bill advanced to a floor vote.

Fee-Cap Proposals in the Senate (Prior Congresses)

• Protect Camp Lejeune VETS Act (Sen. Dan Sullivan, R-AK) — proposed fee caps of 12% for administrative resolutions and 17% for litigation. Endorsed by the American Legion and cosponsored by 13 senators.
• Sen. Dick Durbin (D-IL) — signaled a 20% / 33⅓% counterproposal.
• September 2024 — Sens. Marco Rubio (R-FL) and Thom Tillis (R-NC) introduced a bill to streamline the CLJA process and cap fees at 20% / 25%.

Current Bill: The Ensuring Justice for Camp Lejeune Victims Act of 2025 (H.R. 4145 / S. 907)

On March 6, 2025, Sens. Thom Tillis (R-NC) and Richard Blumenthal (D-CT) introduced S. 907 – Ensuring Justice for Camp Lejeune Victims Act of 2025 in the Senate.

On June 25, 2025, Reps. Greg Murphy (R-NC), Deborah Ross (D-NC), Richard Hudson (R-NC), Don Davis (D-NC), and Brad Knott (R-NC) introduced the companion House bill, H.R. 4145.

Both bills would amend the CLJA to:

• Guarantee the right to a jury trial, not just a bench trial;
• Require only general causation (rather than specific causation);
• Expand venue to any federal court in North Carolina or South Carolina; and
• Cap attorney fees at 20% for administrative settlements and 25% for litigation — exactly the structure Fob James Law Firm has charged since the CLJA was enacted.

Both bills are supported by the Veterans of Foreign Wars, the American Legion, the Marine Corps League, AMVETS, Tragedy Assistance Program for Survivors (TAPS), Iraq and Afghanistan Veterans of America (IAVA), Rolling Thunder, and more than a dozen other veterans’ organizations. As of April 2026, both bills have been referred to Judiciary Committees and neither has advanced to a floor vote.

Current Status of the Camp Lejeune Litigation (April 2026 Update)

The Camp Lejeune litigation is the largest environmental tort against the federal government in U.S. history. As of early 2026:

• ~409,000 administrative claims have been filed with the U.S. Department of the Navy.
• ~3,700 federal lawsuits have been filed in the Eastern District of North Carolina.
• ~$530 million has been paid through the government’s Elective Option — but only a small fraction of cases qualify for or have received an EO offer.
• 25 bellwether cases have been worked up for Track 1 trials. Expert discovery concluded in October 2025, and the parties have filed dispositive and Daubert motions that remain pending before the court.
• The DOJ has filed more than 30 Daubert motions attempting to exclude plaintiff experts on general causation.
• No Track 1 trial dates have been set. The court has indicated it will rule on most of the pending motions at trial, which means trial dates in 2026 is still possible.
• Court-appointed Settlement Masters and Magistrate Judge Gates have been working with the parties on a global settlement matrix since 2024. No global settlement framework has yet been finalized.

Fob James Law Firm has a Track 1 bellwether case and is actively getting that case ready for trial. We will provide additional information about settlement discussions as it becomes available.

Despite what you may read elsewhere, there is no global settlement in place, and the qualifying criteria or payout amounts for any future settlement cannot be predicted. The most likely path for most cases remains the bellwether trials and subsequent global settlement negotiations.

Related: Read our Camp Lejeune Lawsuit Updates page for the latest news from the Eastern District of North Carolina.

Frequently Asked Questions

What is the maximum attorney fee for a Camp Lejeune lawsuit?

Assuming Section 2678 of the Federal Tort Claims Act applies, the maximum attorney fee for a Camp Lejeune water contamination claim is 20% of the recovery if the case resolves before a lawsuit is filed, or 25% of the recovery if the case resolves after a federal lawsuit is filed. Fob James Law Firm charges those exact percentages.

Why are Camp Lejeune attorney fees capped at 20% or 25%?

Because Camp Lejeune Justice Act claims are tort claims against the federal government, and 28 U.S.C. § 2678 of the Federal Tort Claims Act caps attorney fees on those claims at 20% administratively and 25% after suit is filed. The CLJA of 2022 incorporates the FTCA’s claims process under § 2675, and the Department of Justice has publicly confirmed that the caps apply to every CLJA recovery.

Can my lawyer charge more than 25% for a Camp Lejeune case?

Your attorney should not. The DOJ has publicly stated that contingency-fee agreements charging more than 20% (administrative) or 25% (litigation) violate the Federal Tort Claims Act and will not be eligible for the EO. Sen. Dan Sullivan has said on the record, citing the Attorney General, that higher attorney fee agreements are “null and void.” If your contract says 40% or higher, you should get a second opinion — the difference can be tens of thousands of dollars that belong to you, not your lawyer.

Does Fob James Law Firm charge 20% or 25% for Camp Lejeune cases?

Yes. Fob James Law Firm has charged 20% for pre-suit administrative settlements and 25% for post-suit recoveries since the CLJA was enacted in August 2022. If we do not obtain a recovery for you, you owe us nothing — not even expenses.

Has a court formally ruled on the Camp Lejeune attorney-fee cap?

Not definitively. The DOJ filed a Statement of Interest in the Eastern District of North Carolina on October 27, 2023 arguing that the 20% / 25% cap applies to every Camp Lejeune recovery. The court has not issued a binding ruling on the cap itself, though DOJ and Navy guidance remains the operative position. Pending legislation (H.R. 4145 / S. 907) would codify the caps into the Camp Lejeune Justice Act itself.

When will Camp Lejeune cases settle or go to trial?

As of April 2026, no Track 1 bellwether trial dates have been set. Expert discovery concluded in October 2025; Daubert and dispositive motions are pending before the court. Recently, the Court said they would rule on a majority of those motions at trial. It is possible that the first bellwether trials start by the end of 2026. Meanwhile, Settlement Masters appointed by the court are negotiating a potential global settlement framework, but no matrix has been finalized or agreed to.

Can I switch law firms if I was charged more than 25%?

In many cases, yes. You should first contact your attorney and ask that they lower the fee to the 20/25% cap. If you believe your current attorney is charging above the cap, contact us for a free consultation.

What is the Camp Lejeune Elective Option?

The Elective Option is a voluntary settlement program announced by the DOJ and Navy on September 6, 2023. It offers payouts between $100,000 and $550,000 to claimants with qualifying diagnoses — including kidney cancer, bladder cancer, leukemia, non-Hodgkin’s lymphoma, multiple myeloma, Parkinson’s disease, kidney disease, and systemic sclerosis — who meet the CLJA exposure requirements. Most CLJA claims do not qualify under the EO’s narrow criteria, and many who do qualify receive offers below the reasonable value of their case.

Is it too late to file a Camp Lejeune claim?

The administrative-claim filing deadline under the CLJA was August 10, 2024. If you filed an administrative claim with the Navy before that deadline then your claim was timely filed. If you did not file an administrative claim before August 10, 2024, your claim is time-barred.

Contact Fob James Law Firm About Your Camp Lejeune Water Contamination Claim

Fob James Law Firm represents veterans, family members, and civilians across the country in connection with Camp Lejeune water contamination claims. We currently represent clients in 48 states.

Every Camp Lejeune claim is first filed with the Office of the JAG. If the claim is not resolved administratively, a federal lawsuit is filed in the U.S. District Court for the Eastern District of North Carolina.

If you would like to discuss your Camp Lejeune claim — or if you are concerned that your current attorney is charging more than the 20% / 25% cap — call us toll-free at (866) 837-1010 or reach out online for a free, confidential, no-obligation consultation.

Fob James, IV

Fob James obtained a B.S., in software engineering from Auburn University and then continued his education by getting his J.D. from Vanderbilt University School of Law. After working for a large national firm for several years, Fob found that his passion was fighting for individuals who have been seriously injured or wronged by others. Fob believes that the jury is the great equalizer to the power and influence that large corporations have in society. Many of Fob’s cases are high profile and have been featured in, among others: Bloomberg News, PlanAdvisor, AL.com, PlanSponsor, InsuranceJournal, and BusinessInsider. For his work in obtaining numerous multi-million dollar outcomes for his clients, Fob has been recognized by: National Trial Lawyers Top 100, SuperLawyers Rising Star (2020-2025), Birmingham Business Journal Who’s Who in Law (2023-2025), and TrustAnalytica – Top Personal Injury Lawyers in Alabama.