Most Vaccine Injury Cases Are Settled Without a Trial

The majority of vaccine injury cases don’t go to trial. In fact, according to data from the Department of Justice, over 75% of cases in the vaccine court are resolved through negotiated settlements. These settlements happen between your vaccine injury attorney and lawyers from Health and Human Services, without you ever needing to appear in court. But reaching a fair agreement depends on skilled legal representation that understands how to present medical evidence, meet the court’s expectations, and apply relevant case law. Without it, you risk a lower payout, or none at all.

You Need Legal Strategy to Maximize Pain and Suffering Damages

In the court of federal claims, you don’t automatically receive pain and suffering compensation. The compensation awarded depends entirely on how well your attorney can gather evidence, build a legal timeline, and show the severity of your symptoms through medical records and expert testimony. Our team regularly reviews past special master’s decisions to create detailed damage evaluations for each vaccine injury claim, ensuring every part of your suffering is accounted for. This level of legal analysis makes a significant difference in the outcome.

Most People Fail to Link Onset Timing to Their Injury

The VICP has strict medical timing rules. For example, shoulder injuries after a flu vaccine must begin within 48 hours of the shot. Other conditions, like severe allergic reactions or Guillain-Barré Syndrome, have their own timeframes listed in the Vaccine Injury Table. If your records don’t clearly show when your symptoms started or if your doctor didn’t document it, you risk having your VICP claim denied.

Expert Medical Testimony Is Not Optional

If your condition isn’t listed on the Vaccine Injury Table, you must present a compelling theory showing the vaccine caused your injury. This requires expert testimony that explains the biological mechanism, timing, and supporting science behind your condition. Without it, such a finding of causation is legally impossible. Most people don’t know where to find qualified experts—or how to frame the right medical opinions. We do. Our vaccine injury team works directly with neurologists, immunologists, and orthopedic surgeons who know how to support VICP claims under federal claims standards.

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You’re Going Up Against Government Lawyers in the Court of Federal Claims

VICP cases aren’t handled in your local court, they’re managed through the United States Court of Federal Claims, a highly specialized court in Washington, D.C. All claims are defended by lawyers from Health and Human Services, who work alongside the Department of Justice. These legal teams don’t represent vaccine companies, they represent the federal government. Because the VICP is a no-fault alternative to suing vaccine manufacturers, it follows a unique legal structure. This system can be confusing for injury victims who are used to the traditional legal system.

You also won’t be arguing your claim in front of a jury. Instead, your case is reviewed by a Special Master, a type of judge appointed to evaluate legal representatives' arguments, analyze expert testimony, and issue decisions. Winning here requires a deep understanding of federal precedent, causation standards, and damage calculations.

Work With the Right Attorney to Win Your VICP Claim

Filing a vaccine injury claim on your own means taking on a federal agency, strict legal deadlines, and a complex legal process without expert support. The truth is: most people don’t know how to gather evidence, work with medical experts, or present evidence that meets the strict standards of the court of federal claims. Even valid claims can be denied if they aren’t built properly.

At My Vaccine Lawyer, we’ve helped thousands of injury victims nationwide get the compensation they deserve, without them ever stepping into court. Our attorneys know exactly how to structure a case, value your losses, and negotiate directly with Health and Human Services. You’ll get an experienced vaccine injury attorney, not a junior associate. We handle everything, from record collection to expert testimony. Start with a free consultation today. We’ll guide you every step of the way and give you the best possible chance at a full recovery, financially and medically.

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