N002140
Sunday, January 20, 2002 9:06 PM
Comment to Interim Rule
Dear Mr Kenneth Zwick,
I am writing to you on behalf of a friend whose
husband died in the attack on the World Trade Center.
He was one of the many whose access route out of the
building was cut off after the aircraft crashed into
the floors below where he worked at WTC 1.
1) Please ensure that there are no caps on earnings or
the awards issued. Her husband worked hard to achieve
where he got and his accomplishments should not be
belittled.
2) Give due consideration to earnings made in 2001 in
your calculation of the award. This can be
extrapolated from the 9 months of salary actually
earned. Her husband, like most of the victims, was
young and just reaching the prime of his career.
2001 earnings would be more indicative of his salary
going forward.
3) Where possible minimize or eliminate collateral
source deductions. For example, the future stream of
social security payments terminates once a spouse
starts working. This outcome may be inevitable given
the size of current presumptive awards.
4) Compensate adequately for a victims childs
economic and non-economic loss. It should be noted
that just deducting social security payments received
by one of her children, the combined economic and
non-economic award attributable to that child would be
more than eliminated, i.e. the child will owe the
government money.
5) If it is at all possible, provide a fairer
non-economic loss amount. The amount that is
currently offered does not begin to take into account
the immeasurable pain and suffering endured by my
friend, her late husband and her children.
6) Finally, make the compensation amount known to
families prior to requiring them to waive their rights
to sue.
The government in passing legislation after the event
has limited the ability of families to seek redress
from airlines and other potential defendants. As
such, please meet your obligations to these victims
families and compensate them fairly for lives that
were devastated on September 11.
Sincerely,
Individual Comment
Berkeley Heights, NJ