N001297
Wednesday, January 02, 2002 3:25 PM
Airline Bailout Settlement Fund
The Airline bailout bill was not passed by Congress to provide for the
families of the victims. It was created to protect the airlines from
litigation. The fund that will award damages to families of victims was
included as an incentive to accept a settlement and not sue the airlines.
If the airlines are found to be negligent in protecting their passengers,
they will not face punitive damages. The US Congress has limited the
liability of these airlines to the extent of their insurance coverage. In
doing so, they have removed the possibility of punitive damages. It
actually states that the families cannot sue anybody if they accept the
settlement.
The dollar figures that have been cited as an "average" are grossly
misrepresented. It is sensationalism to come about with an "average"
without knowing what types of money will be counted against the settlement.
If the deceased victim made any sort of plans for his or her family, they
will not receive much at all from this fund. If someone paid life
insurance premiums for their entire life, they are essentially being
penalized for planning. If, instead, someone decided to invest this money
rather than buy life insurance, this will not be subtracted from any
settlement award. The fund discriminates on the basis of their investment
choices.
If life insurance and pension benefits were not counted against the
settlement, then the fund would actually provide an incentive to avoid the
courtroom. The rules should be changed and changed quickly. Right now,
those less fortunate may be forced into signing because of financial need.
Protecting the airlines may be necessary, but not at the expense of the
families of the victims. If this tragedy involved three people instead of
3500, then each family would be looking at settlements from the airlines'
insurance companies. Just because this event was of such a large scope,
that does not make the loss of a loved one any easier.
If the rules are not changed, then many people will be encouraged to take
this matter to court. If we are trying to avoid lengthy court battles,
then make the settlement more equitable. CHANGE THE RULES REGARDING
COLLATERAL SOURCES.
Sincerely,
Individual Comment