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Non-Economic Loss

The September 11th Victim Compensation Fund recognizes the immense grief faced by those who have lost loved ones to 9/11-related illnesses, injuries and health conditions. Families of responders and survivors who have passed away due to eligible 9/11-related health conditions may be entitled to recover non-economic loss from the VCF. The attorneys at The Dearie Law Firm, P.C. provide compassionate counsel and effective representation for families seeking to file a 9/11 non-economic loss claim with the VCF.

Compensation for a 9/11 Non-Economic Loss Claim

It’s important to understand that non-economic loss is distinct from economic loss — each category is considered on its own. Specifically, there are two parts to a 9/11 non-economic loss claim for deceased victims, including:

• Compensation for non-economic loss associated with the personal injury portion of the claim
• Wrongful death compensation if your loved one died as a result of their 9/11-related health condition

Each part of an award for a 9/11 non-economic loss claim is calculated separately by the VCF.

Non-Economic Loss for Wrongful Death Claims

A VCF award for wrongful death is meant to provide financial compensation for the harm the victim’s family suffered due to losing their loved one and the victim’s pain and suffering. If a responder or survivor’s cause of death is connected to their 9/11-related health condition, the Zadroga Act also allows a non-economic loss award in the presumed amount of $250,000 for the victim. Additionally, the regulations allow the spouse and dependents to receive an additional $100,000 each — the compensation issued to a spouse and any dependents factors in replacement services loss.

Victims who died from causes other than their 9/11-related health condition are not entitled to receive the presumed compensation for wrongful death. However, families are still entitled to compensation for non-economic loss for the personal injury portion of the claim.

Non-Economic Loss Compensation for Personal Injury in Deceased Claims

If your loved one had a 9/11-related health condition and filed a personal injury claim before they died, you may still be able to recover non-economic loss on their behalf for the pain and suffering they endured — regardless of whether their death was caused by an illness linked to the toxins in the dust cloud or an injury related to the terrorist attacks. Non-economic loss compensation for a deceased victim’s personal injury claim is based on the severity of the condition and its effects on their daily life while they were alive.

Importantly, the VCF has specific regulations for pursuing personal injury claims on behalf of a loved one who passed. If the victim died from a 9/11-related illness, injury, or disease after filing a claim, the personal representative of their estate will be required to file a new deceased claim. If the death was unrelated to their eligible condition, the personal representative must file an amendment to the existing personal injury claim.

Contact an Experienced 9/11 VCF Attorney

If you lost a loved one who was a responder or survivor who had suffered an eligible 9/11-related health condition, you may be entitled to receive a monetary award from the September 11th Victim Compensation Fund. The attorneys at The Dearie Law Firm, P.C. understand that the VCF regulations for filing a 9/11 non-economic loss claim for compensation can be overwhelming and are dedicated to guiding the families of 9/11 responders and survivors through the process. Contact us for a consultation.

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