Countless 9/11 responders and survivors developed fatal health conditions linked to the toxins in the dust cloud that covered lower Manhattan in the weeks and months following the terrorist attacks. If you lost a loved one due to a 9/11-related cancer, illness, or disease, you may be entitled to receive monetary recovery from the September 11th Victim Compensation Fund. Importantly, the VCF issues wrongful death awards that compensate the family of a deceased responder or survivor for the harm they suffered due to losing their loved one to a 9/11 illness.
When Can a Family Member File a VCF Wrongful Death Claim?
If a victim meets the VCF’s criteria and passes away due to an eligible 9/11-related health condition, their personal representative may file a deceased claim. The personal representative may be a family member, but they must obtain the necessary documentation and be appointed by the Surrogate’s Court. The VCF Special Master will only appoint a personal representative in limited circumstances.
A deceased claim is comprised of two parts, which are each calculated separately:
- The personal injury award — The personal injury award is meant to cover the losses the victim suffered while alive. It is calculated based on the extent and severity of the 9/11-related illness.
- The wrongful death award — The wrongful death award is issued to compensate the spouse and dependents of the responder or survivor for the harm they suffered as a result of losing their loved one.
The family of a 9/11 responder or survivor may also be entitled to an award from the VCF if their loved one had a certified 9/11 health condition but passed away due to another direct cause. In these cases, the VCF may still issue compensation for the pain and suffering the victim experienced during their life in connection with their 9/11 illness. However, the family would not be entitled to the additional non-economic loss that is awarded under the Zadroga Act when a 9/11-eligible condition caused a death.
What is the Compensation Awarded in a VCF Wrongful Death Claim?
The compensation a victim’s family may receive in a VCF deceased claim can include economic losses such as lost earnings and employment benefits, unreimbursed medical expenses, replacement services loss, and burial and memorial expenses. The VCF will also award non-economic loss for the pain and suffering the victim experienced due to their 9/11-related health condition while they were alive. The amount issued depends upon how severe the condition was.
If a 9/11 responder or survivor passes away due to their 9/11 illness, additional non-economic loss can be awarded. Under the Zadroga Act, $250,000 may be awarded to the victim, and $100,000 may be awarded to the spouse and each dependent. The VCF will also compensate a victim’s family for the economic loss they may have sustained if their loved one’s eligible condition resulted in a reduction in income before their death. This can include both loss of earnings and loss of pension benefits.
Contact an Experienced New York City 9/11 VCF Attorney
If your loved one passed away due to a 9/11-related illness, you may be entitled to file a deceased claim with the VCF. An experienced VCF attorney can help you navigate the VCF’s claim filing process and assist you with obtaining the monetary award to which you’re entitled. The 9/11 Victim Compensation Fund attorneys at The Dearie Law Firm, P.C., have represented claimants and their families in 9/11 VCF claims for over a decade. For a free consultation, contact us today.