What Does it Mean to Be a Personal Representative in a 9/11 Wrongful Death Claim?

When a loved one passes away due to a 9/11-related illness, the September 11th Victim Compensation Fund (VCF) mandates the designation of a Personal Representative to manage the claim on behalf of the deceased. As the deceased cannot file a claim due to their passing, the VCF requires an authorized living person to act on behalf of the deceased’s estate. This individual is typically the executor, as designated in the deceased's last will and testament. In the absence of a will, an administrator is appointed by the local surrogate’s court to handle the estate. Whether an executor or an administrator, the appointment is made by the surrogate’s court in the county where the deceased resided at the time of passing. In most all VCF claims, it is the court-appointed executor or administrator who then acts as the Personal Representative of the VCF claim filed by the estate. 

What is a Personal Representative?

A Personal Representative is a legally appointed individual who is authorized to act on behalf of a deceased person, particularly in matters related to compensation claims. In the context of the VCF, the Personal Representative is responsible for filing a wrongful death claim and representing the best interests of the victim’s beneficiaries, such as their spouse, children, or other dependents, which includes completing a distribution of the award according to state law, state surrogate’s court order, and/or the will for the estate, if applicable.

What Materials Do You Need to File as a Personal Representative?

The VCF requires proof of legal authority to serve as a Personal Representative. This is typically established through official documents like letters of testamentary or proof of administration issued by a surrogate or probate court. To file a VCF claim as a Personal Representative, you must provide several documents to confirm your authority, including:

• Letters of Administration, Letters Testamentary, or Court Order: These documents confirm your legal appointment as the Personal Representative, Executor of the Will, or Administrator of the Estate. In limited situations where the Personal Representative is unable to obtain any of these documents, the VCF’s Special Master may appoint a Personal Representative for purposes of the VCF claim. 
• Death Certificate: This official document verifies the victim’s passing and is required for all wrongful death claims. If possible, the “long form” is preferred.
• Claim Form Signature Page: A complete Claim Form Signature Page must be signed by the Personal Representative.
• Evidence of the Victim’s Presence in the Exposure Zone: Supporting documentation, such as employment records or affidavits, to prove the deceased was in the designated 9/11 exposure zone during the relevant timeframe.
• Medical Records: Documentation proving the connection between the victim’s death and the victim’s 9/11-related condition.
• Proof of Economic Loss: Materials demonstrating the financial impact of the victim’s death, including loss of income and benefits.
• Appendix A: If the Personal Representative has filed an amendment to a personal injury claim that was originally filed by the victim, a complete Claim Form Appendix A is required to be filed.
  
  

Steps to Take to Become a Personal Representative with the VCF

If the cause of death is believed to have been caused by an eligible 9/11-related condition, or if you are unsure if the death was caused by an eligible condition, you must register a new deceased claim. Steps involved to become a Personal Representative with the VCF include:

1. Obtain Legal Authority: You must secure proof of administration or letters of testamentary from a probate court to be appointed as the victim’s Personal Representative. This process often requires initiating estate proceedings. Each state has different laws defining the process and the authority granted. 
2. Gather Required Documents: Collect all necessary materials, including the victim’s death certificate, medical records, and evidence of presence in the 9/11 exposure zone.
3. File the VCF Claim Form or File an Amendment: If no claim has been filed, or if the victim’s death was related to 9/11, you must file a new claim form. If a previous claim had been filed and the victim’s death is unrelated to 9/11, you must file a Personal Representative amendment to the original claim.   
4. File Appendix A:  If the Personal Representative filed an amendment to a personal injury claim that was originally filed by the victim, completion of Claim Form Appendix A, Additional Information for Claims Filed for Deceased Individuals, is required. 

Get Guidance From an Experienced VCF Attorney

Navigating the process of becoming a Personal Representative can be complex and overwhelming. An experienced 9/11 VCF attorney can provide invaluable assistance, helping you secure the necessary legal authority, compile the required documents, and file a complete and accurate claim. They can also guide you through potential challenges and advocate on your behalf to ensure you receive the maximum compensation available through the VCF.

If you’ve lost a family member or other loved one due to a  9/11 cancer or other condition, you don’t have to face this complex process alone. We invite you to reach out to the dedicated 9/11 attorneys at Hansen & Rosasco, LLP to find out more about making a claim on behalf of the estate of a lost loved one.