Highlights
- Wrongful death claims award compensation to families whose loved ones passed away from a 9/11-related condition, even if the victim never registered a Victim Compensation Fund (VCF) claim during their lifetime.
- To determine the size of a wrongful death award, the VCF will calculate both economic and non-economic losses which include pain and suffering.
- Families may have a limited window in which to register a wrongful death claim to recover compensation after a loved one’s passing.
- Barasch and McGarry has successfully registered thousands of wrongful death claims and recovered over $7 Billion in compensation for 9/11 victims and their families.
Compensation For Families of Deceased 9/11 Victims
When toxic chemicals were released into the air on September 11th and in the following months, responders, residents, workers, and volunteers were exposed to a ticking time-bomb of health issues to come. Now, many years later, these conditions have caused tens of thousands of untimely deaths and heartache for countless family members.
Families with deceased loved ones may have a right to substantial compensation from a wrongful death claim through the 9/11 Victim Compensation Fund.
What Is a VCF Wrongful Death Claim?
A 9/11 VCF Wrongful Death Claim provides financial compensation to the families of individuals who died as a result of a 9/11-related physical health condition.
A wrongful death claim allows surviving spouses, children, and eligible dependents to recover two primary types of compensation:
- Personal Injury Losses: Compensation for the physical pain, suffering, and lost wages experienced by your loved one during their lifetime.
- Wrongful Death Losses: Compensation for the financial loss, loss of companionship, burial costs, and emotional pain suffered by surviving family members following their death.
Who Is Eligible to File a Wrongful Death Claim?
To qualify for a 9/11 VCF Wrongful Death award, the claim must satisfy three core legal requirements:
- Proof of Presence: Evidence demonstrating that your loved one was physically present in the NYC Exposure Zone (Lower Manhattan south of Canal Street), Fresh Kills Landfill, the Pentagon, or Shanksville, PA at any time between September 11, 2001, and May 30, 2002.
- Causal Connection / Eligible Condition: Documentation showing that your loved one was diagnosed with and/or died as a result of a 9/11 eligible condition(s) – which includes 69 types of cancer, chronic respiratory diseases, or digestive conditions.
- Legal Personal Representative Status: Under federal law, a VCF wrongful death claim can only be submitted by the court-appointed Personal Representative of the deceased person’s estate.
What If the Cause of Death Was Unrelated to 9/11?
If your loved one suffered from an eligible 9/11 condition during their lifetime but ultimately passed away from an unrelated cause (such as a car accident or non-9/11 condition), your family may still be able to recover compensation. The VCF allows the Personal Representative to file or amend a Personal Injury Claim to recover full compensation for the pain, suffering, and lost earnings your loved one experienced while alive, stemming from their 9/11 illness.
Understanding VCF Compensation & Award Calculations
The total award comprises both non-economic and economic loss categories.
| Compensation Category | Description & Statutory Thresholds |
| Decedent Non-Economic Loss (Pain & Suffering) | Statutory presumed amount of $250,000 for the decedent’s loss of life. In addition, the VCF compensates for the personal injury pain and suffering experienced while alive (up to $250,000 for cancer or up to $340,000 for multiple cancer conditions). |
| Spouse & Dependent Non-Economic Loss | Additional statutory award of $100,000 for the surviving spouse or domestic partner and $100,000 for each qualified dependent. |
| Economic Loss (Past & Future Lost Earnings) | Calculates lost wages and employment benefits from the onset of disability through the projected end of the victim’s working life. |
| Replacement Services Loss | Compensation for the economic value of household services (childcare, home maintenance, chores) the decedent performed and can no longer provide. |
| Burial & Memorial Expenses | Reimbursement for out-of-pocket funeral, burial, or memorial costs incurred. |
How VCF Offsets Impact Your Final Award
Federal law requires the VCF to deduct specific death-related benefits to prevent double recovery. However, the VCF strictly separates personal injury offsets from wrongful death offsets:
- Wrongful Death Offsets: Life insurance payouts, Social Security survivor benefits, workers’ compensation death benefits, and employer line-of-duty death benefits offset only the wrongful death portion of the award.
- Personal Injury Offsets: Disability benefits or pension adjustments received while alive offset only the personal injury portion of the award.
- Public Safety Officers’ Benefits (PSOB) – Benefits paid to eligible victims will offset both personal injury and wrongful death awards received through the 9/11 VCF.
Actual Client VCF Awards
Important Registration & Filing Deadlines
Many families incorrectly assume it is too late to file a claim if their loved one passed away years ago. In reality, the VCF filing windows are generous and a claim may still be possible. Please contact us to help you determine whether a claim can be filed.
The Role of the Personal Representative
The VCF requires a Personal Representative be formally appointed by a court before any claim can be processed or paid.
How Our Law Firm Help Your Family
Navigating federal regulations, collecting medical evidence from decades past, and understanding the ins and outs of the 9/11 VCF system can be a daunting process.
When you work with Barasch & McGarry:
- Zero Upfront Costs: We work strictly on a contingency basis. By federal law, 9/11 attorney fees are capped at 10% of your award—ensuring you keep the vast majority of your compensation.
- Maximizing Your Award: We work to gather complete historical earnings, medical records, and proof of presence to build the strongest possible claim for maximum non-economic and economic recovery.
Let Us Help You
If your loved one has passed away due to cancer or other illnesses, it’s important to act quickly. Barasch & McGarry is the most experienced 9/11 VCF law firm and has recovered billions for families in wrongful death cases. Call us at 212-385-8000 or contact us online today.
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9/11 Victim Compensation Fund
Over $17 billion available to Lower Manhattan residents, office workers, responders, and those in the exposure zone on 9/11 and in the months after.
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