N001525

Friday, January 11, 2002 1:40 PM
911 Fund comment

Special Master Feinberg:

As an attorney providing pro bono representation to a widow of a Port Authority emplyee killed in Tower One who left, an addition to his wife, five young children, please add these to my previous comments:

1. Presumed compensation for non-economic loss per dependant should be increased to a minimum of $100,000 per dependant.

2. No collateral source deductions should be made from any payments for non-economic loss. To do so would be contrary to the law of virtually every state in a wrongful death litigation;

3. There should be a maximum dollar set off for collateral source benefits of $500,000. Deductions in excess of that amount would emasculate the purpose of the Fund, and, as a result, thousands of claimants might well choose to forego claims from the Fund and thrust these claimants into what will be an overburdoned litigation system.

Individual Comment
Newark, NJ

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