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9/11 Non-Economic Loss

Each responder and survivor who suffered an injury or developed an illness related to the 9/11 terrorist attacks has been uniquely affected. Many have suffered severe and debilitating health conditions that prevent them from working, spending time with family, or participating in activities they once enjoyed. They may also need to undergo extensive medical treatment for the rest of their lives. The VCF attorneys at The Dearie Law Firm can help ensure that you receive the maximum compensation you deserve for the pain and suffering you have endured as a result of your 9/11-related physical condition, illness, or disease.

How are VCF Non-Economic Loss Claims Valued?

VCF non-economic loss claims for pain and suffering are determined by the type of physical condition you have and its impact on your daily life. The VCF considers each claim individually when determining compensation, including the harm to the victim, the facts surrounding the claim, and any circumstances specific to the claimant. Significantly, compensation is not determined by how many conditions a responder or survivor has, but the severity of each, based on the WTC Health Program certification.

VCF non-economic loss claims are calculated separately from economic loss claims — which are monetary damages related to lost earnings and benefits. Under the Zadroga Act, non-economic loss awards are meant to compensate responders and survivors for:

● Physical pain
● Emotional pain and suffering
● Inconvenience caused by the condition
● Physical impairment
● Mental anguish resulting from the illness or injury
● Loss of enjoyment of life
● Loss of companionship
● Injury to reputation due to the injury or illness
● Any other non-economic damages

Certification from the WTC Health Program is the only documentation necessary to support a VCF claim for non-economic loss — in these cases, the VCF will issue compensation at the low end of the applicable range for that particular condition. However, sometimes 9/11-related health conditions are more severe than indicated by the WTC Health Program certification. If your condition substantially impacts your daily life, providing additional medical documentation may result in an increase to your economic loss award.

Non-Economic Loss Compensation for 9/11-Related Health Conditions

The VCF issues non-economic loss awards ranging between $90,000 and $250,000 for cancer conditions. The amount of compensation is determined by the type of cancer and medical evidence concerning whether it has spread to other parts of the body and presents permanent complications.

While the Zadroga Act only permits compensation up to $250,000 for a single cancer, the Special Master may exceed this statutory cap if the claimant suffered from more than one eligible cancer condition — or had a severe non-cancer condition in addition to a cancer diagnosis.

VCF non-economic loss claims for conditions other than cancer may be compensated between $10,000 and $90,000, depending on the severity of the illness. However, certain non-cancer conditions are identified as “presumptively severe and debilitating” by the Special Master — emphysema, interstitial lung disease, asbestosis, and sarcoidosis are compensated at the highest allowable amount for non-economic loss.

VCF Non-Economic Loss Claims for Deceased Victims

The spouse and dependents of a 9/11 responder or survivor who passed away as a result of their 9/11-related health condition are entitled to compensation from the VCF for their loss. The Zadroga Act allows a non-economic loss award of $250,000 for an eligible victim and an additional $100,000 for the victim’s spouse and each of their dependents.

Contact a New York City 9/11 Victim Compensation Fund Attorney

If you are a 9/11 responder or survivor who developed cancer or another health condition due to exposure to the toxic dust cloud — or you lost a loved one as a result of a 9/11-related illness — you may be entitled to receive compensation for your economic and non-economic loss from the September 11th Victim Compensation Fund. The 9/11 Victim Compensation Fund attorneys at The Dearie Law Firm, P.C. have successfully represented thousands of responders, survivors, and their families in 9/11 VCF claims for over a decade. Contact us for a consultation.

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