W000597
Monday, November 26, 2001 2:30 PM
Public Comment Sept 11th Victim compensation Fund
Kenneth L. Zwick, Director
Office of Management Programs
U.S. Department of Justice
Civil Division
Main Building, Room 3140
950 Pennsylvania Avenue, NW
Washington, DC 20530
Dear Sir:
I am the father of one of the decedents of the 9/11 WTC tragedy and as such would prefer to remain anonymous, at the direction of Sen. Jon Corzines' office, for security reasons.
In general, it's my belief that the process be simplified, secure and fair, with a painstaking effort to drastically reduce any additional suffering on the part of effected families and or next of kin.
Topic 231 & 232
1. I will only deal with documentation surrounding physical death as that's what effects me and my family. Documentation here I believe should be fairly simple in the form of a death certificate and certification of estate representative as granted in probate [ if possible].
2. economic loss should be a simple formula that takes into account the
decedents past 12 month earnings and a escalating multiple of those earning going forward to age 65. Keeping in mind the age of death and the earnings norm for that particular position, within the peer group, of that particular industry. In other words earnings capacity should be a formula component along with the lost income component. This is a straight forward calculation.
Concerning the noneconomic component, to attempt to put a Special Master in the role of Salomon and fairly rule on the noneconomic variances in so many cases, without establishing a minimum/maximum noneconomic component dollar range up front is ludicrous. Those dollar amounts should be established from available statistical information on awards granted from previous case settlements involving wrongful death already on the books. Considering the available time, urgency of the matter and need for fairness. To place any individual in the role of trying to decide the noneconomic value of a loved one based upon varying presentation skill levels of advocates is at best
going to generate volumes of public outrage. The dollar amount of this component should be generous but narrow. For example: 40-45 million dollars [ statistical precedent should be used from existing wrongful death awards]
3. Any relief received from charitable sources should not be considered
collateral sources. All compensation received in this matter regardless of source, i.e. insurance, charity, victim compensation fund should have no taxable component.
topic 233
Concerning procedures for hearings and presentations:
If the calculation of the economic factor is defined and the generous but limited range of noneconomic recovery is stated up front as outlined in my response to topic 232 the need for hearings, witnesses, presentations, documentation, delays, postponements and other time consuming reviews are drastically minimized. The claimant knowing within a narrow margin up front what their proposed settlement will be. Would provide them with the necessary information to decide whether or not to pursue tort action or accept the Special Masters ruling. This would largely illuminate the time consuming argumentative back and forth and prevent any additional unnecessary public and private suffering surrounding this horror.
Topic 234:
The Special Master should not limit fees charged in connection with
assisting claimants in their filings. For the simple reason that in order to receive professional focus in the private realm. Adequate compensation usually has a direct correlation to quality of services received. However a fee range should be established for services rendered to prevent overcharging. These fees should be paid directly from the Compensation Fund only after an itemized bill is submitted by the professional directly to the Fund and verified by the claimant.
Topic 235
The Personal Representative as established in probate should be the
appropriate person to file the claim.
topic 236
Nature and amount of compensation is discussed in topic 231 & 232 above
Respectfully,
Grieving Father
individual Comment