N001952
Thursday, January 17, 2002 4:47 PM
RE: comments on Interim Final Rule
17 January 2002
To: The Special Master of the September 11 Victim Compensation Fund
Re: Interim Final Rule
I have reviewed the Interim Final Rule that is published on the Victim Compensation
Fund Web site. In addition, I heard on "Morning Edition" (the morning news
show on NPR) this morning that relatives of the September 11 victims are
meeting in New York City today to protest the proposed guidelines. Since
I am a family member of a victim (my father, of Green
Brook, NJ, was killed in the World Trade Center) but I am unable to be personally
present at the protest, I wanted to share my concerns with you via email.
In particular, I am very concerned with the possibility that some victims'
families will receive NO compensation (or nearly none) once their collateral
sources of income have been deducted from their proposed settlement. While
I understand the desire to offset some of the economic portion of the settlement
(since, after all, substantial collateral sources may somewhat reduce the
economic loss), I find it offensive to suggest that the non-economic loss
("pain and suffering") could be fully compensated by life insurance payments
or other sources of income. To be sure, no amount of money can replace the
lost loved ones. But I believe that, regardless of the victim's economic
situation, every victim's family deserves some minimum payment - the non-economic
loss amount that has been specified for "pain and suffering" - to acknowledge
the pain and suffering they have been experiencing, and continue to experience,
since September 11. Further, if any family member stands to receive nothing
from the fund (as it appears may be the case with my own mother), then that
family member has no incentive to sign away his or her right to sue. Because
one justification for this fund is to limit wrongful-death lawsuits and the
airlines' liability, it would seem politically and economically prudent to
guarantee some minimum award to each family, regardless of collateral sources.
Therefore, I am writing to ask that you (and Congress, as appropriate) change
the guidelines such that collateral sources may offset ONLY economic loss.
Thank you for your time.
Sincerely,
Individual Comment
Tucson, AZ