N000976
Wednesday, December 26, 2001 9:39 PM
Comments on Interim Final Rule
Just some quick thoughts on the compensation amounts as estimated in the tables. I think they are too high! These comments only pertain to compensation related to deceased victims - not disabled victims.
I think the flat non-economic number is adequate ($250K per victim, plus extra $50K per spouse and each dependent). I assume all biological children will be considered as dependents (for example, if victim was single and had 2 biological children, filed taxes, but the kids weren't claimed as dependents, each of the kids would still get $50K).
Economic:
For single deceased victims, the default should be that there is zero economic loss. I am a 44 years old, single (widow), no kids, have worked for 20 years, and there would be no economic loss to my parents/sister/anyone if I dropped dead. They would inherit my estate (house, IRAs, personal property, etc.), and would no longer get presents at Christmas/etc., but would not "lose" anything because I was no longer around collecting a paycheck. This is also true for these deceased victims. The ONLY economic compensation pertaining to singles should be
a) Child support the deceased was legally required to pay (as ordered by a court or other legally binding document). This payment would be made/adjusted/discontinued just as the child support payment would have been - no special considerations. There may be other situations other than child support that the deceased was legally required to pay, and they could follow their respective court orders/legal documents (like alimony, or if the deceased maimed someone, whatever).
b) Dependents the deceased victim supported but was NOT legally obligated to support - for example, they might have been providing support for an elderly parent, a niece/nephew, an orphaned child. In this type of case I would use the tax filings (where the dependent was claimed) and supporting documentation to show how much the dependent was receiving. These should be considered on a case-by-case basis and a reasonable determination made (yes - we will continue to support the orphaned child or elderly parent; yes-and-no - we will continue to support your freeloader buddy only for 2 years).
These economic losses should only be paid if they are not already taken care of in the deceased's will/estate (there may already be a trust or something set up). So the economic portion could potentially go back down to zero.
The sum of any non-economic plus economic would still be subject to reduction based on 'other source compensation'.
For married deceased victims, I would use the same non-economic numbers as above ($250K + $50K per spouse/dependent).
Economic: For dependents, I would use the same approach as I outlined above, the difference being that instead of using a legally ordered child support amount you would use a consumption factor based on the salary. This would continue until a time similar to that for child support (graduates high school or college complete (if attending) or whatever). Other dependents could be handled as described above. This would be similar to that expected in a divorce settlement, which frankly a lot of marriages would probably hit anyway (lets be realistic here!). The economic portion for the surviving spouse SHOULD NOT assume they will never have to work or cannot be expected to support themselves. They will have access to the support provided for children/dependents, so it is only their support that is at issue. I would give them 4 years of the lost paycheck (no real need for projections or inflation adjustments, etc.). That gives them enough time to 'grieve' and figure out how they are going to support themselves. It also insures that kids are in or getting close to school age. These economic portions (dependents and spouse) would only be paid if not already taken care of by the deceased's will/estate. Same as above.
And, like for singles, this non-economic plus economic sum would still be subject to reduction based on 'other source compensation'.
If this seems like 'it is not enough', consider all of those surviving 'whatevers' who get NO SPECIAL CONSIDERATION! The survivors of these deceased victims should be grateful for anything they receive from the tax-payers resources. Lets not forget all of the charity money, also from fellow human beings, that they are already receiving. It is time for them to start breaking out of denial - they are not "special", they are just a group of survivors-in-common that are getting a lot of free press coverage!
Just me --
Individual Comment
Denver, Colorado