Wrongful Death Claims

Compensation For Families of Deceased 9/11 Victims

Families of 9/11 victims have already endured a lot. When toxic chemicals were released in to 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.

For these reasons and more, families with deceased loved ones need to understand their right to the substantial compensation that can come from a wrongful death claim through the 9/11 Victim Compensation Fund (VCF).

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 certified physical health condition.

A wrongful death claim allows surviving spouses, children, and eligible dependents to recover two primary types of compensation:

1. Personal Injury Losses: Compensation for the physical pain, suffering, and lost wages experienced by your loved one during their lifetime.
2. Wrongful Death Losses: Compensation for the financial loss, loss of companionship, 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:

1. 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 designated transport routes at any time between September 11, 2001, and May 30, 2002.
2. 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.
3. 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 can still 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.

Understanding VCF Compensation & Award Calculations

The VCF evaluates wrongful death awards using fixed statutory rules and customized economic calculations. The total award comprises both non-economic and economic loss categories.

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.

The Role of the Personal Representative & Probate Court

The VCF requires a formal court order appointing a Personal Representative (Executor if there was a valid will, or Administrator if there was no will) before any claim can be processed or paid.

• Court Appointment: The Personal Representative is appointed by the Surrogate’s Court or Probate Court in the county or state where the deceased victim resided.
• Distributing Awards: The Personal Representative holds a fiduciary duty to distribute the VCF award to the legal beneficiaries in accordance with state probate law or court-approved distribution plans.

For Most NY Estates, We Handle the Estate Process for You: Establishing an estate in probate court can be a complex and daunting task. Our firm routinely assists families in petitioning the Surrogate’s Court and securing Letters of Administration or Letters Testamentary so your claim moves forward without delays.

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, but strict rules still apply:

• General Rule: A Personal Representative must register a deceased victim’s claim with the VCF within 2 years from the date of death. Despite this general rule, if your loved one passed more than two years ago, we still urge you to contact us so our firm can determine whether you are still eligible. Reach out now.
• Delayed Certification: If the WTC Health Program certifies the 9/11-related condition after the date of death, the 2-year clock begins on the date the condition was verified.

How Our 9/11 Attorneys Help Your Family

Navigating federal regulations, collecting medical evidence from decades past, and filing probate petitions requires specialized legal knowledge.

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.
• Full Estate & Probate Support For NY Estates: We guide your family through Surrogate’s Court to ensure a Personal Representative is properly appointed.
• Maximizing Your Award: We gather complete historical earnings, medical records, and proof of presence to build the strongest possible claim for maximum non-economic and economic recovery.