dojN002189.xml

dojN002189.xml

born-digital

email

yes

no

2002-01-21

Monday, January 21, 2002 6:38 PM

Fw: Victims Compensation Fund


Saturday, January 12, 2002 10:04 PM
Victims Compensation Fund


My brother was 36 years old was he was murdered on 9/11. He worked for and was on the floor of WTC #1 when it was hit by the first jet. He leaves behind a wonderful wife, and a beautiful daughter. age 5, had just started kindergarten the week before the attack. was God-father to my daughter. He was a good and decent person. My whole family is still in shock and grieving. I think as a country we are all still in shock and grieving. I just wanted to make a few comments about the the Victims Compensation fund. I understand that the fund was set up pursuant to Federal Legislation and substantive changes to the rules must be authorized by Congress. I believe the US DOJ should ask Congress for the Following changes to the fund's rules.

1) There should not be a deduction on any award for the amount of life insurance a decedent had at the time of his or her death. Under New York law the amount of life insurance would not be credited against a judgment a plaintiff would receive in a civil wrongful death action. In the alternative, a deduction for life insurance should not apply for life insurance policies below a substantial Dollar amount. The rule the fund has set up to deduct life insurance payments for any possible award under the fund works to penalize those individuals who had the foresight to acquire life insurance. In my brother case he did have foresight and had life insurance in the amount of just under $1,000,000.00. Although this may seem like a lot of money, for and it will not be enough to stay in their house and provide for their needs for the rest of their lives. Further, if one of the major goals of the fund was to avoid private litigation in the SDNY then the rule which will deduct life insurance payments from awards under the fund makes no sense. It makes no sense because there is no incentive to choose the fund over litigation where the fund's rules will make life insurance payment deductions on awards and render any award under the fund financially meaningless. Given this scenario, the great majority of claimants will choose litigation(with all its pit falls and time) over the fund because they will have nothing to lose. I believe this is the major reason that only 70 or so claims have been filed under the fund to date.
2) Any possible award under the fund should not deduct social security payments. Social security payments would not be deducted from a civil money judgment in New York. The decedents paid into the social security system during their entire working careers and to deduct these payments out of a possible award given under the fund is not fair or equitable. 3) When determining loss wages and income the local New York standard of income should be used as opposed to the National average. It would simply be unfair and inequitable to use a standard that is well below the income levels these decedents in fact earned during their life times.
As an American and as an attorney I understand the great responsibility of the numerous jobs and functions of the US DOJ. I can understand that the antitrust case against Microsoft was important as well as the residency status of an 8 year old Cuban boy in Florida. But after 9/11 can anyone doubt that the most important thing to do is to protect our citizens and our country. I request that The US DOJ take all necessary steps towards that end. You certainly have my support. I hope you will consider my comments on the fund.

Thank You and may God Bless America
Sincerely,

Individual Comment

2002-01-21