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Why did the U.S government authorize such an unusual ...


Sent to Legal Experts November 25, 2007 11:08 a.m.

Why did the U.S government authorize such an unusual procedure (compensation fund) to settle the 9/11 claims? What would have happend if there was no compensation fund?

Customer (name blocked for privacy)
Status: Closed   Value: $30   
Answer
November 25, 2007 11:30 a.m. (21 minutes and 14 seconds later)
REPLIED Check Mark

Dear Customer (name blocked for privacy)

The fund was established to provide economic and non-economic damages for losses incurred on 911 to victims or their families. The fund is only for those who were physically injured or to the families of deceased victims.

It was designed as a no fault alternative so that the courts would not be jammed up with tort litigation - in addition, the litigation could have taken years to settle and the intent of the compensation fund was to help with monetary needs and only for those who had physical injury or death. The fund was not designed to extend to those who suffered property damage.

Without the fund, the courts would have been jammed with litigation and victims would have had to prove their claims and injury extent - additionally, placing a cap on what the fund would pay out, based on guidelines, keeps the government from not being able to fulfill the monetary obligations to the victims or family members. The non-economic loss is presumed to be equal to $250,000 for each deceased Victim plus an additional $100,000 for the Victim's spouse and each of the Victim's dependents. Additionally, minimum awards are $300,000 for single deceased Victims and $500,000 for any deceased Victim who has one or more dependents or is married. However, there was no minimum for persons suffering injury.

You can read more information for extrapolating at the DOJ website HERE.

If my answer has been helpful, please ACCEPT my answer so I get credit for my effort to help you . If I can be of further help, let me know. Appropriate FEEDBACK is appreciated as is a bonus. Thanks ~ Michelle

PictureMichelle  -- Paralegal -- 100% Positive Feedback on 3320 Legal Accepts
31 years of experience in criminal, real estate, juvenile and family law
Reply to Michelle
Sent November 25, 2007 12:46 p.m. (1 hour and 16 minutes later)

Okay this answer is very good, but can you please give me additional info what would have happened if the us gov. had not instituted such a procedure ?! I also have an additional question: What parts of the special master's compensation schedule are similar to a regular tort case and which are not. (Of course I pay you additional money for answering this question)
Customer (name blocked for privacy)
Reply to Michelle
Sent November 25, 2007 12:46 p.m. (19 seconds later)

Okay this answer is very good, but can you please give me additional info what would have happened if the us gov. had not instituted such a procedure ?! I also have an additional question: What parts of the special master's compensation schedule are similar to a regular tort case and which are not. (Of course I pay you additional money for answering this question)
Customer (name blocked for privacy)
Answer
November 25, 2007 1:39 p.m. (52 minutes and 21 seconds later)
ACCEPTED Check Mark

Dear Customer (name blocked for privacy)

The fund was established to help expedite the claims and under an agreement to file a claim with the Compensation Fund, parties agreed to waive any and all other litigation against the government and the entities involved, ie American and Unitedairlines. If these law suit would have been filed and the victims prevailed these business could have been bankrupted therefore leaving the US to bail them out costing taxpayers much more than what was given via the fund which was formed with money and assets that were confiscated from and blocked usage by the terrorists groups as opposed to taxpayer dollars. I beleive the amount was something more than $33,000,000 - and, again, that courts would have been tied up with litigation for years barring quick resolutions and closure to the victims - a class action suit would more than likely ensued and there is no telling whether the victims would have gotten what they were entitled to. This is the best reason I can give you.

As to the Special Master's schedule I cannot answer that. However, if you accept and close this question, then you can relist your question and another expert can further assist you with that part of your needs.

Thanks ~ Michelle

If my answer has been helpful, please ACCEPT my answer so I get credit for my effort to help you . If I can be of further help, let me know. Appropriate FEEDBACK is appreciated as is a bonus. Thanks ~ Michelle

PictureMichelle  -- Paralegal -- 100% Positive Feedback on 3320 Legal Accepts
31 years of experience in criminal, real estate, juvenile and family law

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