There is no going back to how things were in the days, weeks, or months before 9/11 for those who suffered losses in the heinous terrorist attacks on the Pentagon, the World Trade Center, and the disaster in Shanksville, Pennsylvania. The September 11 Victim Compensation Fund (V.C.F.) assists those who were hurt, became ill from the poisonous dust, or lost a loved one, even though there is no way to turn back time. To get these funds hiring a professional attorney such as Weisfuse & Weisfuse – 9/11 Personal Injury Lawyer will make the process easier and simpler.
Who is eligible for the funds
Your 9/11-related litigation must have been filed, withdrawn, dismissed, settled, or released on or before a certain date to qualify for compensation from the V.C.F. The V.C.F. Act states that you may file a lawsuit or request compensation from the V.C.F.; however, you may not do both except in the situations detailed below.
- Waiver of right to bring further litigation.
You forfeit your right to launch a lawsuit (or to participate in one) in any federal or state court for losses incurred as a result of the 9/11 terrorist plane crashes or for losses resulting from or connected to debris removal when you submit a V.C.F. claim. This implies that even before the V.C.F. decides whether or not you are entitled to compensation, you relinquish your right to participate in a subsequent case. The Personal Representative shall forfeit the right to pursue further lawsuits demanding damages for the decedent’s passing in cases involving deceased people. According to one interpretation of the law, submitting a claim on behalf of a deceased person automatically waives the rights of any other parties who could have sought to bring a wrongful death lawsuit.
- Permissible lawsuits
You can claim with the V.C.F. while also pursuing one of two 9/11-related cases, as was mentioned above. You can file a civil lawsuit to recover your collateral source responsibilities. The term “collateral sources” is used in the statute to refer to all sources, including life insurance, pension funds, death benefit plans, settlement money from lawsuits relating to September 11, and payments made by the federal, state, or local governments for the removal of debris or related to the terrorist-related aircraft crashes on September 11, 2001. Second, you may file a civil lawsuit against anybody who is a “knowing participant in any conspiracy to hijack any aircraft or perform any terrorist act.” This contains litigation based on allegations of encouraging or supporting a terrorist attack.
- If you dropped or dismissed your case without reaching a settlement
There are specified timeframes by which you must have withdrawn or dropped that litigation if you had filed a 9/11-related lawsuit before making a V.C.F. claim to be qualified for reimbursement from the V.C.F. According to 28 C.F.R. 104.61, no one who has filed or is a party to a lawsuit seeking compensation for harms “experienced as a result of the terrorist aircraft crashes of September 11, 2001, or for losses emerging from or linked to debris clearance” may “claim with the Special Master unless they withdraw from such action not later than January 2, 2012.” Along with your claim, you must provide evidence of a timely withdrawal of your action.
- If your claim was arbitrated
There are specified deadlines by which you must have offered a release of the settled claims and dismissed any lingering unresolved claims if you filed a 9/11-related lawsuit before filing a V.C.F. claim and resolved any of the claims stated in the lawsuit.
In conclusion, these processes may be complicated. However, hiring the right lawyer will ensure you understand these processes and guarantee to get compensation funds.