More than double the number of downtown workers, residents, students, and 9/11 responders have died from cancer or other diseases as those who perished directly from the attacks.
The families of individuals who passed from a 9/11-related injury or health condition in the intervening years can file a wrongful death claim with the September 11th Victim Compensation Fund (VCF). In many cases, significant financial assistance is available.
Following is an outline of the filing process and other essential information about wrongful death claims under the VCF.
What are wrongful death awards from the VCF?
Wrongful death awards are available for many types of personal injury cases, compensating the surviving family members of those who died in an incident that was due to the negligence or recklessness of a third party.
In the context of 9/11, VCF wrongful death awards compensate family members for the pain and suffering and economic losses associated with loved ones who lost their battle with a 9/11-related health condition, such as cancer, a respiratory disease, or an injury.
Typically, family members are compensated for:
- Economic losses, such as medical bills and lost earnings
- Funeral/burial expenses
- Pain and suffering
- The loss of companionship, solace, comfort, and guidance
Support and guidance for 9/11 victims’ families
There is no requirement to seek legal assistance when filing a VCF wrongful death claim. However, the process (outlined below) is generally easier with the support and guidance of a qualified 9/11 attorney.
This applies equally to families of victims who served as responders and survivors who were exposed to the toxic dust cloud around Lower Manhattan in the weeks and months after September 11th.
With the help of seasoned legal experience in this area, it is possible to claim substantial compensation that goes some way to compensating the immeasurable loss.
Wrongful death claim filing process with the VCF
9/11 wrongful death claims may only be submitted to the Victim Compensation Fund by an authorized personal representative of the deceased. This individual is typically appointed by the Surrogate or Probate Court in the state where the deceased resided, but this may vary from state to state.
The process is slightly different if the deceased person has a will than if they died intestate. Again, a qualified 9/11 lawyer can guide the process of having an executor or administrator appointed.
Under the terms of the Zadroga Act, for the family to file a wrongful death claim, the deceased individual must have been:
- A 9/11 responder or survivor
- Present in the NYC Exposure Zone between September 11th, 2001 and May 20th, 2002
- Diagnosed with an eligible 9/11-related health condition certified by the WTC Health Program
- Affected by the 9/11-related health condition to the extent that it caused their death
To make a claim, a personal representative of the deceased must collect and submit relevant records, such as the death certificate, autopsy report, and medical records for a 9/11-related condition. Proof of presence in the NYC Exposure Zone between the eligible dates is also required.
If the victim’s passing was not directly caused by a 9/11-related illness but the individual had been diagnosed with a 9/11 condition, the VCF must evaluate the death certificate to determine whether the condition was a significant factor contributing to the death or was an underlying cause.
When can you file a wrongful death claim?
Even if a loved one died many years ago from a 9/11-related injury or illness, it may not be too late for loved ones to file a wrongful death claim.
For victims who passed away before July 29, 2019:
- VCF registration must have been completed by July 29, 2021.
For victims who passed away after July 29, 2019:
- VCF registration must have been completed within two years from the date of death
If a victim had already filed a VCF claim before passing away due to their 9/11-related health condition, a new deceased claim must be submitted by the personal representative.
How does the VCF determine a wrongful death claim?
Claiming full and fair compensation for a wrongful death claim may not be straightforward. A rigorous process is followed by the VCF when determining the merits of any claim.
If a claim is approved, the award can include the following types of compensation:
Personal injury pain and suffering
This compensation is for the pain and suffering experienced during the period from the first diagnosis of a 9/11-related illness until the date of death. The award can be between $10,000 and $340,000.
Spouse and dependents awards
Spouse and dependent awards are intended to benefit the surviving spouse and children of deceased married individuals. An additional $100,000 is awarded to the surviving spouse and $100,000 to each of the deceased’s dependents.
Burial memorial services & funeral costs
The victim’s estate is awarded the out-of-pocket expenses associated with a memorial service, burial, and/or funeral, as determined by the VCF based on the evidence provided.
Loss of earnings
Loss of earnings refers to lost wages or salary due to the victim’s inability to work because of a 9/11-related health condition or injury AND for the expected future loss of earnings due to death. Essentially, this compensates the economic loss to the victim’s beneficiaries.
The amount awarded depends greatly on the age and employment history of the victim, as well as the period when the victim was unable to work while still alive and the projected number of years until retirement.
Awards are made on a case-by-case basis. Because of the significant amounts involved with the loss of earnings and future earnings—and the potential for claims to vary by millions of dollars—claims are best left to an experienced wrongful death attorney who will advocate for the victim’s family and substantiate the argument for the maximum possible compensation.
Replacement services losses
Replacement services losses refer to the household-related tasks that the victim performed before passing from a 9/11-related illness or injury. Amounts for replacement services are awarded to the victim’s beneficiaries and depend on what is documented in the claim. Awards range from minor amounts to hundreds of thousands of dollars.
Compensation for death unrelated to an eligible 9/11 condition
The Victim Compensation Fund also provides awards for deceased victims diagnosed with a 9/11 condition before their death but who died of an unrelated condition.
Compensation for these cases is generally lower than if the victim died from the associated 9/11 condition. Awards cover only the pain and suffering from the time the deceased was first diagnosed with the condition until the date of death. No wrongful death or dependent award will be made and funeral expenses are not covered.
The process of filing a wrongful death claim can be challenging for families that may be grieving the loss of a loved one. A dedicated 9/11 claims attorney will guide the process, maximize compensation, and prevent delays in receiving financial assistance.
To discuss your situation and learn more about how we may be able to help you, please call Weisfuse & Weisfuse, LLP at 212-983-3000 or contact us online to schedule a free consultation.
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