A000187
Thursday, November 29, 2001 12:30 PM
FW: Victims Compensation Fund
Mr. Kenneth L. Zwick, Director
Office of Management Programs
Civil Division
U.S. Department of Justice
Main Building, Room 3140
950 Pennsylvania Avenue
Washington, DC 20530
Dear Mr. Zwick,
If the September 11th Victims Compensation Fund is to succeed?that is,
to avoid extraordinary lawsuits against the airlines and salvage the
U.S. air transportation system?we, the surviving family members of the
victims and friends, request the following parameters be instituted in
consideration of our extraordinary loss:
- Provide the formula by which awards will be made prior to
demanding an acceptance of the terms. Also firmly establish which
defendants this settlement will cover?will it simply cover liability of
the airline industry and it?s security subcontractors, or will the City
of New York and its Port Authority be named as additional defendants?
- As you are seeking to provide a viable alternative to
litigation, the formula should resemble that which would normally take
place in a suit of this nature and should reflect the individual nature
of each claimant, to wit: taking an average of the victim?s past 3-5
years earnings as indicated in past tax return filings, multiplied by
actuarial tables of life expectancy, reduced by present value of money.
In addition, consideration must also be given to the victim?s future
earning potential, as well as to benefits lost, including health
insurance.
- Establish a standard to determine pain and suffering, which
will be the same for each claimant. Each victim was loved equally by all
of their family, whether married with children or single. To say that
any of us has suffered more or less anguish over this event than others
is simply unjust. I am also of the mind that the pain and suffering of
each individual victim who perished in the WTC needs to be taken into
consideration. Because most of us do not know how much time each of our
loved ones had to actually contemplate their fate, this will not be an
easy task. Again, I would suggest this determination be made on an equal
basis. When determining the pain and suffering award, careful
consideration must be given to the amount of punitive damages each
claimant would receive if litigation were to occur through normal
channels.
- Do not reduce the amount of any award by charitable
contributions received. Charity is charity. The monies received thus far
by most of the surviving families are intended to provide a short-term
solution to immediate financial difficulties. For many of them, these
charitable contributions have enabled them to barely hold the line on
their monthly expenses and have provided a necessary stopgap for the
maintenance of our lives. The DOJ has been given a mandate of 120 days
to implement the plan for the September 11th Victims Compensation Fund.
It has been difficult enough to disseminate and collect the charitable
contributions that exist. Do the DOJ and the American public think they
all have the financial resources necessary to cover 120 days of
expenses? Does the average American have the resources to cover 120 days
of expenses with no income? I think not.
- Given the fact that economic resources for many of the
surviving families are dwindling or non-existent, it is of the utmost
importance that a settlement payout date be established and adhered to.
- Do not reduce the amount of any award by insurance monies
received. My friends paid for outside life insurance with AFTER TAX
DOLLARS. To reduce any award by the amount received through private
insurance amounts to nothing more than PUNISHMENT for financial
planning, and, in effect, DOUBLE TAXATION. I strongly suspect that
victims of run-of-the-mill violent crime are not subject to insurance
deductions from the awards made to them by various states? Victim?s
Crime Boards.
- Please do not limit a survivor?s right to appeal through use
of an approved or designated mediator. Each claimant should retain the
right to abandon process up until the time that a settlement is made and
accepted. This right would, of course, be granted to us through normal
litigation.
- Please do not tax themt outright on any award obtained
through this fund. In most cases, proceeds received from this fund will
be reinvested in our economy for the long-term maintenance of their
families and children. The U.S. government will receive its share on a
yearly basis, for sure. Similarly, claimants need to be informed as to
how any potential award settlement will affect other
government-sponsored benefits such as Social Security and Workman?s
Compensation.
- I, and all surviving members of the victims of September 11th
beseech the DOJ to keep the application and documentation process for
this fund SIMPLE and forthright. Many of the surviving members are at
the end of their ropes. To ask them to jump through hoops of fire is
insulting and demoralizing in light of their strife.
Sincerely,
Individual Comment
Boulder, CO