W000552
Sunday, November 25, 2001 10:46 PM
Comments: September 11th Victim Compensation Fund of 2001
Attachment 1:
November 25, 2001
Dear Mr. Zwick:
I lost my only son in the horrific terrorist attacks on the WTC 9/11/01. My son was also tragically taken from his wife, two sisters and six young nephews.
I have great concerns over the determination and administration of the proposed legislation: September 11th Victim Compensation Fund.
My son as well as the majority of the other victims that day were killed in the absolute prime of their lives - doing what we as families and our nation had taught them early on in their lives to do - work hard - be responsible - be good citizens. They were at work before 9:AM in the morning, pursuing their dreams and planning for the economic futures of their families.
It is painfully clear that among others sharing responsibility for those tragic events, American Airlines and United Airlines failed to provide us with even minimum security - allowing four hijackings in a matter of hours.
It seems to me to be unquestionably in the best interests of the airlines, the U.S. Government, the victims, the victims families as well as all Americans to have an equitable out-of-court settlement rather than endure lengthy, painful litigation which will drag out for many years. The settlement offer, therefore, must be one that is acceptable to the victims and their families and compensates them for their losses.
Following are my comments with respect to the proposed legislation:
1. The definitions, terms and provisions need to be clearly and simply stated.
2. There should be two separate procedures for filing claims. One form should be used for the surviving victims and another form should be used for families of deceased victims.
3. With respect to compensation to families of deceased victims, the formula should be simple and straightforward. (A) Economic Loss - something on the order of the average of the victim's income over the last 3 years multiplied by the number of years remaining to their retirement age. (B) Non-Economic Loss should be the same dollar amount for all victims and/or families. Pain and suffering is not measurable or distinguishable. How can it be determined that one's pain and suffering is greater than another's. (C) Collateral Sources such as life insurance, pension funds, IRA's, 40lk's and legislated tax relief should not be deducted from an individual's payments. These have been paid for by the victim, were part of their compensation package - or have been offered as a relief to families.
4. A simple to understand settlement package needs to be offered to each claimant of deceased victims. The dollar amount of the settlement needs to be provided to the claimants prior to expecting claimants to waive their rights to file civil actions.
5. Claimants of deceased families should not be expected to prove their case to a Special Master. They have already endured more than is imaginable. If the victim has been provided a "Victim Identification Number, has been issued a death certificate and can supply 3 years' tax returns, this should be sufficient for the administrators of the fund to formulate a proposed settlement package for these families.
6. Claimants want to accept a settlement package. They simply want to bring some closure to this terrible tragedy, go on with the lengthy grieving process, have some economic hope for a future without their loved ones and maintain trust and confidence in their Government. If the package is fair, claimants will accept it. If it is not, they will have no choice but to pursue other legal options available to them as Americans.
Thank you for the opportunity to submit comments. I only hope that in the weeks ahead as you finalize this legislation you will keep the horror and magnitude of our pain and loss in your hearts and do what may be difficult - but is just and right.
Respectfully,
Grieving Mother
Individual Comment
New York, NY