N002183
Monday, January 21, 2002 4:48 PM
Comments about Proposed Rule
Dear Sir: My name is, and my sister, was killed on September 11, 2001 at the World Trade Center. I have reviewed the Proposed Rule for the September 11th Victim Compensation Fund. As an attorney, I know that no amount of money will take away the pain of the loss that my family and I have endured. I agree with the idea of the program because lawsuits normally just drag out the pain and suffering. However, my family and I do not agree with the provision that penalizes us for our sister's foresight to prepare for the future and purchasing life insurance. She paid for that insurance out of her income. Now, we as her family are being penalized for her foresight. If the proposed rules become final, our family would not gain anything by taking the compensation offered by your fund. Therefore, there would be NO INCENTIVE for us not to sue. We, as a family, before learning of the details of your fund, had seriously considered accepting the compensation instead of suing. Now, due to the deduction of life insurance and other benefit payout, our family will be left with no other option except to sue. As a trial attorney, I am well aware of the risks and potential consequences of a lawsuit. However, as I normally advise my clients, if there is no benefit to you in settling, why not take your chances in court. Juries, I have found are often sympathetic to plaintiffs who have been wronged. If the rules were changed to NOT deduct life insurance and other benefits, my family and I would likely take the compensation and give up our rights to sue. My family also disagrees with the decreased amount of compensation your fund is suggesting for women. Our sister was single with no children and had no plans to begin a family in the near future. Why should the assumption be made that she would work fewer years than a man of her age? As a person who fights against discrimination on a daily basis, I think it deplorable that the Department of Justice, an organization that is charged with upholding the Constitution, is discriminating against women! Thank you for your consideration of our comments.
Sincerely,
Individual Comment
Denver, CO