W000383
Monday, November 19, 2001 8:31 AM
(no subject)
Dear Mr. Zwik:
As a close personal friend of more than one family that lost loved ones
at the World Trade Center disaster on September 11th, I am writing in the
hopes that a fair and equitable solution to this tragedy can be accomplished
and include the following in this solution:
1. Do not reduce the award from any collateral source funds collected,
including insurance, pension benefits, death benefits, and governmental
payments (which we understand are being considered as offsets). Such offsets
would penalize those victims who sacrificed and saved for their families'
futures. In a nutshell, these assets have nothing to do with the damages
that flowed from 9/11 and, therefore, there should be no offset to damages
based on the net worth of the victims' families. It would also result in
awarding more in damages to those who did not sacrifice and save for their
families' futures, which would be an inequitable result.
2. Provide the victims' families with the right to appeal the award, as doing
so would undoubtedly increase participation in the Fund.
3. Should the Department of Justice decline to offer victims' families the
right to appeal, then at a minimum they should have input regarding the
selection of the mediator who would decide the award. The government should
provide a list of potential mediators with their background (e.g.,
educational, work experience, prior award history, etc.), which would allow
victims' families to make an informed choice.
4. There should be set parameters for calculating damages (i.e., mathematical
formula factoring lost future earnings, pension benefits, number of children,
and other pecuniary benefits that would have been earned taking into
consideration life expectancy tables), that would provide a floor for
calculating damages and provide assurance to victims' families as to what
they could expect to receive, at a minimum, if they elected to opt into the
Fund. In short, the victims' families should be able to calculate, with some
certainty, the minimum amount of money they could expect to be awarded prior
to participating in the hearing. That should serve as a powerful inducement
to opt into the Fund.
5. Determine pain and suffering at the hearing.
6. If the mediator deviates from the guidelines, the victims' families should
be able to appeal the decision.
7. The amount awarded as damages should include all funeral, burial, and
estate administration expenses incurred. Importantly, the amount should
compensate the victims' family for contributions they would have received
between the time of his/her death and the end of this life expectancy, such
as future lost wages. His/her gross earnings, including all fringe benefits
between the date of his/her death and his/her life expectancy, must be
factored in. Additionally, all monies the victim would have spent for or
given to his/her family for such items as shelter, food, clothing, medical,
car, education, entertainment, gifts and recreation, taking into account
his/her salary and age, must also be considered. The amount awarded should
also consider the comfort and friendship that he/she would have given to
his/her family had he/she lived and such other elements as work around the
home and provision of society and comfort.
8. Since the amount awarded would be intended to restore the victim's
family's loss, it should not be considered as "income." Therefore, it should
not be taxable by the federal or state taxing authorities.
In closing, I understand that the DOJ is suggesting that the victims'
families surrender their right to sue without advising them what they can
anticipate by way of award and without the ability to appeal such award.
This is unacceptable. The above suggestions would encourage attorneys and
families alike to opt into the Fund, thereby foregoing their right to sue.
This would bring closure to an American Tragedy and reassure victims'
families that our government has their best interests at heart. Hopefully
you can help. Thank you.
Sincerely,
Individual Comment