Search Site
Menu
FREE CASE EVALUATION 888-351-9421
Proving Non-economic Losses in a VCF Claim

For most VCF claimants, non-economic losses represent the bulk of their recovery. While out of pocket costs for medical treatment — as well as lost wages from total or partial disability — can be significant, intangible losses like pain, disfigurement and the inability to fully enjoy life’s pleasures remain a major factor.

Unfortunately, proving the existence and extent of these types of losses can be a challenge. Whereas economic factors are objectively provable through medical invoices, tax returns, pay stubs and other readily available and unambiguous documentation, placing a value on pain and other non-economic losses is, by nature, subjective. It requires a significant exercise of discretion by the VCF staffers who process and decide compensation claims.

  • Regulations set presumptive non-economic losses for those who died as a result of the 9/11 attacks and recovery operations as $250,000 for the deceased and $100,000 each for a surviving spouse and dependent.
  • Non-economic awards for survivors whose injuries cause a consistent, sustained and severe impact upon daily life generally range between $90,000 and $125,000.
  • Awards for survivors whose injuries cause only a mild continuing impairment are generally up to $40,000.

While non-economic losses for the deceased and their families are established by regulation, the numbers presented here reflect the trends so far. Ultimately, VCF administrators evaluate each case independently and determine what type of non-economic award is appropriate.

Submitting in-depth medical records, lists of medications, insurance records and records from government agencies such as Social Security who held proceedings relating to your condition may help the VCF determine its severity. A personal impact statement can also be helpful when supported by objective evidence. The attorneys of Barasch & McGarry are available to help VCF claimants determine the best means of proving their non-economic losses.

Leave a Reply

Your email address will not be published. Required fields are marked *

Compensation available to residents and office workers, teachers and students – not just responders and volunteers
Deadline Extended To Register Claims Must file within 2 years from the date your cancer was linked to WTC toxic dust
Our Attorneys
Testimonials
  • "Barasch McGarry Salzman & Penson handled everything professionally and with patience. They always had time to answer all my questions and did what they promised. Thanks esp to Brian Calamaris Lee London, and Mariya Atanasova. Thank you." - William Collins, FDNY

  • "If I could give them six stars I would...don't even bother talking to anyone else concerning 9/11. The whole team worked night and day to deliver an outstanding settlement. They are honest, hard working and extremely professional. Just make the one phone call and let them do the rest." - Les Margulis, resident in the exposure zone

  • "I had a very good experience with Michael and Mariya. They made the process stress free. I would recommend this firm to anyone seeking assistance with 9/11 related illnesses." - JE Kirwan, worked in the exposure zone

  • "The people at this firm were just great. They were concern with making sure I was taken care of in every way possible. When I was given an award Mr. Barasch didn't think it was a fair amount and appealed the decision which got me a larger award. I am very satisfied with everything they did for me in the past and are willing to do for me and my family in the future." - Bob Wiecezak, FDNY-Retired

  • "Excellent law firm. Lee London and his staff were very responsive and always followed up with phone calls or emails. This firm is a strong example of what caring and personable lawyers are all about." - Letitia Egan, wife of client, volunteer in the exposure zone

  • Barasch & McGarry Personal Injury Websites

    • Deadline Extended to Register for Compensation


      There is still time to apply for significant compensation if you have been diagnosed with any of the 68 cancers that doctors at the WTC Health Program (WTCHP) have linked to the WTC toxic dust. The deadline to apply to the Victim Compensation Fund (VCF) is two years from the date that a cancer has been certified by the WTC Health Program — or any other governmental agency. The two-year period to register doesn’t start on the day of a cancer diagnosis. Rather, it starts only when a cancer survivor is made aware their cancer was linked to exposure to the WTC toxins.

      For those who died from their WTC-linked cancers, the two-year period for their family to register starts on the day of the death of the WTC victim.

      Register For Compensation

    Please help spread the word about the strict two-year deadline to register a claim

    Many people have tried to complete the VCF application on their own, only to learn that it requires answers to hundreds of questions and many documents to download. It would be our pleasure to help you complete the process in order to ensure that you receive the compensation that you are entitled to. Please call us for a free consultation.

    Let a knowledgeable attorney help you figure it out

    A cancer diagnosis can be terrifying. You undoubtedly have questions about your disease and how you will pay for treatment. Lawyers at Barasch & McGarry ensure you understand the complex requirements and help devise the best strategies for obtaining compensation and appropriate medical care under the Zadroga Act. Contact our law firm online or call 888-351-9421. The initial consultation is free, so it costs you nothing to find out whether a lawyer can help.
    Contact Us

    Fill out the form below with any questions or info on how to get your free consultation

    Quick Contact Form