The Impact of 9/11 on Wrongful Death Laws and Compensation

Tragically, since 9/11, more people have died from a 9/11-related cancer or other illnesses due to the toxic dust and fumes than the amount of people who died that day due to the initial attack. To address this tragedy, the 9/11 Victim Compensation Fund (VCF) is open to families who have lost loved ones to a 9/11 cancer or breathing condition in the 20-plus years since the attacks. Even if the death of your loved one occurred many years ago, you may still be entitled to compensation from the 9/11 VCF. This fund is available to not only the families of first responders, but also the families who lost loved ones who lived, worked, or went to school in Lower Manhattan (anywhere south of Canal Street) between 9/11 and May 30, 2002. 

The VCF was created with the specific purpose of providing compensation to the families of those who lost their lives and to victims who suffered 9/11-related cancer or other conditions after working, living, or going to school in Lower Manhattan on 9/11 or at any time during the many months afterward. The establishment of the VCF represented a significant shift in how such large-scale tragedies are managed in terms of victim support and compensation.

A Brief History of the 9/11 Victim Compensation Fund

In the years after the attacks, the first responders, residents, workers, students, and others exposed to the 9/11 dust and debris began to be diagnosed with breathing and digestive conditions, and many different types of cancers such as lung cancer, breast cancer, prostate cancer, skin cancer, and colorectal cancer. As this health crisis grew, there was a recognition of the link between the 9/11 dust and fumes and these diseases, leading to the enactment of the James Zadroga 9/11 Health and Compensation Act. This legislative response was named in honor of New York Police Department detective James Zadroga, who suffered health complications from his time at Ground Zero and ultimately passed away as a result.

The James Zadroga Act's pivotal component was the establishment of two programs, the September 11th Victim Compensation Fund and the World Trade Center Health Program (WTCHP). The Zadroga Act represented a significant departure from traditional legal approaches to disaster relief and compensation. The Act was specifically designed to offer necessary financial support to victims and their families who got sick after the attacks, as well as medical monitoring and treatment. These programs allow victims and their families to bypass the often protracted and complex traditional litigation process, aiming to provide a more direct, efficient, and compassionate means of compensation due to the extraordinary circumstances surrounding the 9/11 tragedy.

Who Qualifies for the VCF

The VCF was revolutionary not only in its operational scope and underlying purpose but also in its comprehensive recognition of the diverse group of individuals affected by the events of 9/11. It acknowledged the wide spectrum of victims, ensuring that a broad array of individuals impacted by the tragedy could seek and receive compensation, including anyone who worked, lived, or went to school in Lower Manhattan on or during the months after 9/11 (in addition to the first responders). This inclusive approach marked a significant evolution in how such large-scale national tragedies are addressed, reflecting a deep understanding of the far-reaching and varied impacts of the 9/11 attacks.

Civilians Who Have Been Diagnosed with a Cancer or Breathing Illness

Compensation from the September 11th Victim Compensation Fund is available to civilians who have since been diagnosed with cancer or other serious breathing disorders or to families who have since lost a loved one from these conditions. The personal representatives of deceased victims can file wrongful death claims, seeking compensation for the loss of life, potential future earnings, and the suffering endured by both the victim and their loved ones.

Emergency Responders

Emergency responders also qualify for VCF awards. These individuals rushed to the scene, often without concern for their own well-being, and many paid the ultimate price. The VCF provides a mechanism for their families to receive compensation without the need for proving negligence in a traditional wrongful death suit.

Downtown Residents, Workers, and Students

The VCF also acknowledged the impact on residents, workers, and students who were anywhere in Lower Manhattan (south of Canal Street) on or after 9/11. These groups, often overlooked, were recognized for their proximity to the tragedy and the lingering health and life-altering implications.

VCF Wrongful Death Claims

The VCF redefined the process for seeking wrongful death compensation in the context of a terrorist attack. In making an award to the family of a deceased 9/11 victim, the VCF considers an award for non-economic loss (pain and suffering) as well as potential economic loss like lost earnings, funeral expenses, past medical expenses, and other losses. These wrongful death awards aim to provide significant financial relief and recognition of the impacts of the victim's death as a result of the 9/11 terrorist attacks or subsequent related illnesses.

Work with an Experienced 9/11 Wrongful Death Attorney

Navigating the VCF claims process can be overwhelming, particularly for families mourning the loss of a loved one. An experienced 9/11 wrongful death attorney becomes invaluable in such situations. We understand the emotional sensitivity and legal intricacies involved in filing and substantiating a VCF claim.

A seasoned 9/11 attorney can assist in collecting the necessary documentation, representing the interests of the deceased victim's estate, and communicating effectively with the VCF to ensure that the compensation reflects the gravity of the loss suffered. They serve not only as legal representatives but also as compassionate advocates for the families, honoring the legacy of those lost by fighting for fair compensation.

For those seeking to file a claim or navigate the complexities of the VCF, the guidance of a skilled 9/11 wrongful death attorney is not just beneficial, it's essential. At Hansen and Rosasco, LLP, our 9/11 wrongful death attorneys ensure that each family’s journey toward compensation is handled with dignity and respect. Contact us today to learn more.