N002643
January 07, 2002
Mr. Kenneth L. Zwick, Director ,
Office of Management Programs, Civil Division,
U.S. Department of Justice, Main Building,
Room 3140, 950 Pennsylvania Ave., NW,
Washington, DC 20530
Re : Comments on the interim rule
Dear Mr. Kenneth L. Zwick,
On January 4, 2002 New York City Official said 2,885 vicktims confirmed dead or missing in
the World Trade Center. Fortunately , this number is lot less than the 6,300 victims what the city
official announced at the beginning of the incident. Now it is the time to consider about more
compensate to the September 11 Victims Famies than presumed award plan on the interim rule
made before.
* On the Issue of Collateral Sources.
Life Insurance proceeds should not be deducted from Award. According to interim rule, It makes
no sence that the more a person plan ahead, the more one gets disadvantages. (decuction from
award.) If life insurance proceeds should offset from award at the worst, it should minimiaze to
the certain percentage from one gets total award. For example, it should note that life insurance
offset should no more than 5%, or 10% from one's total awards.
* On the Issue of Civill Actions to recover individual Collateral Sources.
I believe that it is our Government's duty to protect poor powerless victim families against
powerful huge insurance company's interests. It is obvious that only few of the victim familes
could stand to costly, time spending civill action to recover their insurance money against
economicaly and politicaly powewful, huge insurance company.
* On the presumed Economic and None-Economic Loss Tables
There are big award diference between Married Decedent with no Dependent Children and
Single Decedent with no Dependent Children. For example, supose the victim age 35 and
income $70,000.00 On the chart Married Decedent with no Dependent Child , Claimant gets
$1,468,256.00 and On the Chart Single Decedent with no Dependent Child gets $803,956.00.
What a big award differance ! $664,300.00. There is only differance Married and not Married.
Why the person gets more such a big award than Sinlge Decedent only because the fact the
person got Married? There is great possibility that Married Decedent's spouse can marry again
in later date and the person could get lost completely decedent's memory in his or her new life.
but Single decedent's next keen could have suffered for missing their loved ones until they draw
their last breath in this world.
I strongly believe this is totally not fair. The award differencial should be narrowed less than «
on present chart between Married Decedent and single Decedent with no Dependent Child Chart.
For a Married Decedent with no Dependent Child Chart, the compensation table should be
decreased and the big increase needed for a Single Dedent with no child table.
*On the Issue of Non-Economic Loss (Pain and Suffering)
That $250,000 figure is simply too low.
* Adopting existing Federal Programs (Military Personal and Public Safety Beneffit Program )
The regulation's adoption this incidence to existing federal programs by Public Safety Officers
who are killed while on duty , or members of our Military who are killed in the line of duty while
serving our nation is not acceptable and totlly inappropriate in this September 11 Terrorist
Attacks Case.
In general, Public Safety Officers or Military Personal recognize their job invlove risks and
danger when they execute on their job. but this September 11 Terrorist Attacks Case, most
victims are ordinary intellectual citizens. They did'n know and feel any danger or risks of their
lives when they were there in World Trade Center for work ahead untill they got attacked by the
terrorists.
I like to suggest strongly that the regulation set a "special" presumed award for economic & non-
economic loss tables in great favor to the September 11 Victims Family instead adopting under
existing 38 U.S.C. & 1967 (Millitary Personnel ): 42 U.S.C. & 3796 (Public Safety Officers
Benefit Program)
Needless to say, This September 11 Terrorist Attacks is not only our nation's tragedy but whole
wide world's tragedy.
Whether our Nation rise or falls as the World Trade Center Collapse by the terrorist Attacks
largely depend upon how well we America deal with such tragedy.
Treat this historic September 11 Victims Families well and compensate them enough to heal their
great losss in emotionary and economicaly by set up a "Special Rule."
Whole world watches us !
From Victims next keen,
Individual Comment
Silver Spring, M.D.