P00000205
Sunday, January 27, 2002 12:36 PM
(no subject)
I live in Oyster Bay, New York- on Long Island. Our small community, like so
many others, has lost several of its residents due to 9/11. My
recommendations to you:
1) Do not cap the income level for the calculation of economic loss. While
a trial on the merits would be an uncertainty, the absence of a cap provides
for basic calculations that the families might otherwise be awarded.
HOWEVER, it seems reasonable that, as is often done in litigation, life
insurance, etc. (but NOT charitable monies) be deducted from the ECONOMIC
award, but not the pain and suffering calculation (see below). In providing
for no cap, it does not penalize a family of a high income earner. However,
in deducting insurance, etc. (that in most instances would be held by such
higher income families), the ultimate disparity with families of lower income
earners is not as great. Perhaps the economic compensation to families
cannot be equal, but it can be better.
2) Provide for greater payments for pain and suffering. I recently read in
Newsday that, in 1994, a New York jury had awarded $1.4 million for pain and
suffering to a New York family of a victim in the plane shot down in Korea in
1983. While I understand that the awards in litigation cannot precisely
parallel, it seems that it should at least be similar under the
circumstances, and particularly where the fund is expressly providing for a
waiver of litigation rights. If only from a purely practical standpoint,
these awards should, for the most part, be equal to all families. Measuring
the pain and suffering for each and every family is just too much. Be more
generous and realistic vis a vis prior similar awards, but it seems too much
to dig into each particular circumstance and would in all likelihood lead to
division among the families of the victims, something that they clearly
should NOT be subject to.
With the above, seems that, while not perfect, would at least balance the
field a bit more between those of higher and lower income victims, while
taking into account the across the board tragedy- unparalleled- for all
involved.
Good luck,
Individual Comment
Oyster Bay, NY