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Wrongful Death

Exposure to the toxins in the dust cloud at Ground Zero and in the area south of Canal Street caused many 9/11 responders and survivors to develop fatal illnesses and cancers. If your loved one passed as a result of their 9/11-related health condition, you may be entitled to receive compensation from the September 11th Victim Compensation Fund for the losses they suffered during their life. You may also be eligible to recover economic and non-economic damages incurred due to your loved one’s wrongful death. The Dearie Law Firm, P.C. guides families through the complex process of filing VCF wrongful death claims and helps them recover compensation for their tragic losses.

Compensation for VCF Wrongful Death Claims

In cases where a victim’s death was caused by their eligible 9/11-related health condition, the personal representative of their estate may file a deceased claim. The VCF award for a deceased claim is comprised of: 1) the personal injury award and 2) the wrongful death award. Each part is calculated separately.

The personal injury award covers losses incurred by the victim during their life, based on the extent and severity of their injury. The wrongful death award compensates the family of the survivor or responder for the harm they suffered due to losing their loved one. The VCF will also award economic loss for lost wages and pension benefits if your loved one’s 9/11-related disability caused a reduction in income before their death.

While the VCF will award non-economic loss for the victim’s pain and suffering for the decedent’s personal injury claim, additional non-economic loss is generally awarded for VCF wrongful death claims. Under the Zadroga Act, presumed amounts are applied, compensating the deceased victim an additional $250,000, plus $100,000 to their spouse and each dependent.

VCF Compensation for Death Unrelated to Eligible 9/11 Conditions

The family of a 9/11 responder or survivor may also be entitled to receive compensation if their loved one had an eligible 9/11-related condition, but their passing was the result of another direct cause, such as a heart attack.

If your loved one’s death was unrelated to their 9/11 eligible condition, the VCF may still issue an award for non-economic loss to compensate for the pain and suffering they experienced before they died. However, if the victim’s 9/11-related illness was not the direct cause of death, the family would not be eligible to receive the additional economic loss in the amounts presumed under the Zadroga Act.

Registration Deadlines for VCF Wrongful Death Claims

Before any deceased claim can be submitted to the VCF, the personal representative of the victim’s estate must register with the VCF. If your loved one died from an eligible 9/11-related condition or cancer any time before July 29, 2019, the VCF registration deadline is July 29, 2021. For deaths related to 9/11-related health conditions that occur after July 29, 2019, the registration deadline is two years from the date the victim passed.

Contact a New York City 9/11 VCF Attorney

If your loved one passed as a result of a 9/11-related cancer, illness, or injury, you may be entitled to pursue compensation for your loss. The Dearie Law Firm, P.C. has over a decade of experience handling VCF wrongful death claims for the families of 9/11 responders and survivors, including firefighters, police officers, EMTs, construction workers, office workers, residents, and anyone present at Ground Zero or in the NYC Exposure Zone. Contact us for a consultation.

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