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1. What is the "September 11th Victim Compensation Fund of 2001?"
2. Why should a Claimant seek legal advice?
3. How does the Claimant find a lawyer to give free legal help navigating the Fund?
4. Who is eligible to seek money compensation from the Fund? In other words, who can become a Claimant?
5. What does "present at the site" mean?
6. What does "immediate aftermath" mean?
7. What does "physical harm" mean?
8. How do I determine who a deceased victim's "Personal Representative" is?
9. What if there is a dispute over who the "Personal Representative" of a victim who died in the attacks is?
10. Will the "Personal Representative" be the only person who will ultimately receive the award?
11. What are "Advance Benefits?"
12. What rights to file a lawsuit will I be giving up if I choose to seek compensation from the Fund?
13. What information will I have to give the Fund?
14. How does the September 11th Victim Compensation Fund claim process work?
15. If I opt to have a hearing, what will it be like?
16. What can I be compensated for?
17. What "collateral sources" cannot be deducted from my award? And in calculating awards, will workers' compensation and Social Security benefits be deducted?
18. Before I apply for compensation from the Fund, I'd like to get an idea of what I might receive. Is there any information on this?
19. Will my Fund award be taxed by the Federal Government?
20. Are there any other tax benefits to which I might be entitled?
21. Where is the money in the September 11th Victim Compensation Fund coming from? Will this be funded with tax dollars?
22. What is Trial Lawyers Care, Inc.?
23. How does Trial Lawyers Care pick the lawyers?
24. What are the qualifications of the lawyer? Who will be assigned to any given case? Where will the client's lawyer be located?
25. I haven't decided whether I want to seek compensation from the Fund. Can I talk to a Trial Lawyers Care-assigned attorney about my options?
26. Can the client dismiss a lawyer assigned by Trial Lawyers Care?

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1. What is the "September 11th Victim Compensation Fund of 2001?"

In response to the terrorist attacks, Congress established a September 11th Victim Compensation Fund (Title IV of the Air Transportation Safety and System Stabilization Act, H.R. 2926, now 49 U.S.C. 40101) that provides a less complicated way to compensate victims who were physically injured or who lost their loved ones during the terrorist activities of September 11, 2001.

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2. Why should a Claimant seek legal advice?

If you have already decided to file a claim with the Victim Compensation Fund, you are not required to use a lawyer, but there are complex issues which make it wise to have a lawyer. For example:

• Collecting and presenting evidence to support a claim can involve complex issues.

• There are two different "tracks" and the opportunity for an "advance benefit" to choose between (SEE FAQ #s 11, 14).

• Claims must be filed within two years (by no later than December 20, 2003) and seeking legal advice is a good idea in order to assure that no time limits (statutes of limitation) are missed.

• Fund Claimants waive their rights to file almost all lawsuits in court (SEE FAQ #12).

• There may be issues concerning a deceased victim's "Personal Representative" to consider (SEE FAQ #s 8, 9, and 10).

All of these issues can be considered with the help of a lawyer. If you have not yet decided whether to file a claim with the Victim Compensation Fund or file a civil lawsuit, a Trial Lawyers Care volunteer attorney can help you assess your options and decide what you feel is in your best interests.

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3. How does the Claimant find a lawyer to give free legal help navigating the Fund?

To register for free legal help, you may either fill out the sign-up form on this website or contact us by phone at 888-780-8637. En Español: 888-780-8682.

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4. Who is eligible to seek money compensation from the Fund? In other words, who can become a Claimant?

Congress has decided that only the following people are eligible to become Fund Claimants:

• Individuals who were present at the World Trade Center (New York, NY), the Pentagon (Arlington, VA) or the site of the aircraft crash in Shanksville, PA, at the time, or in the immediate aftermath, of the terrorist attacks of September 11, 2001 and suffered physical harm or death as a result of such an air crash, or;

• The Personal Representative of an individual victim who was killed as of result of the terrorist attacks at the World Trade Center, the Pentagon, or the crash in Shanksville, PA as described above. Generally, a "Personal Representative" is someone named in the will of the person who died, or who was appointed by a court in the state where the deceased person lived and is responsible for presenting the arguments for all entitled to recover as a result of the death.

The Fund does not provide compensation for losses to physical property, but only for personal injury or death. No more than one claim may be submitted to the Fund by an individual or on behalf of a deceased individual (This is why determining who a deceased's "Personal Representative" is important. SEE FAQ #s 8, 9 and 10).

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5. What does "present at the site" mean?

"Present at the site" (i.e. the World Trade Center, Pentagon, or Shanksville site) means physically present at the time of the crashes or immediate aftermath:

• In the buildings or portions of buildings that were destroyed as a result of the airplane crashes; or

• In any area contiguous to the crash sites that the Special Master determines was sufficiently close to the site that there was a demonstrable risk of physical harm resulting from the impact of the aircraft or any subsequent fire, explosions, or collapse of buildings (generally, the immediate area in which the impact occurred, fire occurred, portions of buildings fell, or debris fell upon and injured persons).

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6. What does "immediate aftermath" mean?

"Immediate aftermath" of the crashes means, for purposes of all Claimants other than rescue workers, the period of time from the crashes until 12 hours after the crashes. This time frame appears to cover all of those who suffered physical injury or death, with the exception of rescue workers.

With respect to rescue workers who assisted in efforts to search for and recover victims, the regulations define "the immediate aftermath" to include the period from the crashes until 96 hours after the crashes.

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7. What does "physical harm" mean?

For most people, the term physical harm means a physical injury to the body that was treated by a medical professional within 24 hours of the injury having been sustained, or within 24 hours of rescue, or within 72 hours of injury or rescue for those victims who were unable to realize immediately the extent of their injuries or for whom treatment by a medical professional was not available on September 11 and either required hospitalization as an in-patient for at least 24 hours or caused either temporary or permanent, partial or total physical disability, incapacity, or disfigurement.

For rescue workers who did not or could not obtain treatment by a medical professional within 72 hours, the Special Master may determine that a longer period applies.

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8. How do I determine who a deceased victim's "Personal Representative" is?

In most cases, the identity of the "Personal Representative" will not be in dispute. Usually, a person's Personal Representative is an individual appointed by a state court as the executor or administrator of a decedent's will or estate.

If no Personal Representative has been appointed by any court, and there is no legal dispute over who the Personal Representative should be, the Special Master may determine that the Personal Representative is the person named by the decedent in the decedent's will as the executor or administrator.

If no will exists, the Special Master may determine that the Personal Representative is the first person in the line of succession established by the laws of the decedent's state.

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9. What if there is a dispute over who the "Personal Representative" of a victim who died in the attacks is?

While the Special Master has no obligation to resolve disputes as to the identity of the Personal Representative, the regulations provide that the disputing parties may agree in writing to the identity of a Personal Representative to act on their behalf, who may seek and accept payment from the Fund while those disputing parties work to settle their dispute. In appropriate cases, the Special Master may determine an award, but place the payment in escrow (a special protected bank account) until the dispute regarding the Personal Representative is finally resolved.

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10. Will the "Personal Representative" be the only person who will ultimately receive the award?

No. According to Fund procedures, the Personal Representative shall distribute the award according to the laws of the deceased victim's state.

In addition, the Personal Representative shall, before payment is authorized, provide to the Special Master a plan for distribution of any award received from the Fund. If the Special Master concludes that the Personal Representative's plan for distribution does not appropriately compensate the victim's spouse, children, or other relatives, the Special Master may direct the Personal Representative to distribute all or part of the award to such spouse, children, or other relatives.

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11. What are "Advance Benefits?"

Claimants can seek immediate "Advance Benefits" in the fixed amount of $50,000 (if the Claimant is filing on behalf of a deceased victim) and $25,000 in the case of severely injured individuals who required hospitalization for one week or more.

To qualify for Advance Benefits, applicants must complete a short form (the "Eligibility Form") identifying basic eligibility and indicating that Advance Benefits would assist them in confronting current or immediate financial hardships. Such forms will be made available at claims intake centers as they are established, in response to telephone requests (888-714-3385, 202-305-1352, TDD: 888-560-0844), and on the Victims Compensation Fund website at www.usdoj.gov/victimcompensation.

Eligible Claimants may apply for and receive Advance Benefits and then file their lengthier "Personal Injury Compensation Form" or "Death Compensation Form" at any time within the two-year time frame for filing claims under the program, or they can file the full forms at the same time. If you apply for an Advance Benefit and the Special Master determines that you have submitted a substantially complete Eligibility Form and Application for Advance Benefits, you will be deemed to have applied to participate in the Fund and will be giving up your right to bring a lawsuit, except for a few limited circumstances (SEE FAQ #12).

Advance Benefits will be treated as advance payments on ultimate awards from the Fund, so the amount of any Advance Benefits received will be deducted from the Claimant's full award.

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12. What rights to file a lawsuit will I be giving up if I choose to seek compensation from the Fund?

Under the Fund, no one is prohibited from suing the terrorists. By filing a claim for compensation from the Fund, Claimants will be giving up their right to file a September 11-related lawsuit (or to be a party to lawsuit) against any party except 1) "any person who is a knowing participant in any conspiracy to hijack any aircraft or commit any terrorist act," or 2) "to recover collateral source obligations" (in other words, to recover money owed by insurance companies, etc).

In addition, the law says that "Claimants who have filed a civil action or who are a party to such an action [except against terrorists or to recover collateral source obligations, as noted above] . . . may not file a claim with the Special Master unless they withdraw from such action not later than March 21, 2002."

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13. What information will I have to give the Fund?

A Claimant and his or her lawyer will have to provide information specified by the Fund's forms. That information will include, but is not limited to information concerning:

• Eligibility, that is, the victim's location at the time of the injury or death.

• The physical harm that the Claimant suffered, or in the case of a claim filed on behalf of a decedent, information confirming the decedent's death.

• Any economic and noneconomic losses that the Claimant suffered as a result of the attacks.

• Other (collateral) sources of compensation the Claimant has received or is entitled to receive (such as life insurance policy payouts, etc.).

If the Claimant chooses to have a review or hearing, he or she:

• May present evidence of extraordinary circumstances not adequately addressed by the "Presumed Award" methodology.

• Will be permitted, but not required, to present witnesses, including expert witnesses.

• The hearing officer shall be permitted to examine the credentials of experts.

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14. How does the September 11th Victim Compensation Fund claim process work?

Under the Fund, Claimants have a choice of two Procedural Options – Track A or Track B.

If a Claimant selects Track A, a Claims Evaluator will look at the Claimant's application and:

• will determine if the Claimant is eligible for Fund money, and determine the Claimant's Presumed Award and, within 45 days of the date the claim was filed, notify the Claimant in writing whether they are eligible, and the amount of the "Presumed Award" – a calculation of presumed economic and noneconomic losses (SEE FAQ #18).

• After an eligible Claimant has been notified of the Presumed Award, the Claimant may either accept the Presumed Award and request payment, or may instead request a review before the Special Master or his representative.

• If a Claimant opts for a review, the Claimant may make supplemental submissions. The Special Master may alter or modify the award if the Presumed Award was calculated erroneously, or if the Claimant demonstrates extraordinary circumstances indicating that the Presumed Award does not adequately address the Claimant's injury.

• There will be no further review or appeal from the determination of the Special Master.

If the Claimant selects Track B, a Claims Evaluator will look at the Claimants application and:

• will determine the Claimant's eligibility to receive Fund money within 45 days of the date the claim was filed, but shall not determine the Claimant's Presumed Award.

• The Special Master shall hear and determine the appropriate award.

• There shall be no review or appeal from this determination.

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15. If I opt to have a hearing, what will it be like?

• The Claimant will not be required to prove who was at fault in causing the injury/death. In other words, the Claimant will not have to prove negligence on anyone's part, as would be necessary in a usual court proceeding.

• If Claimants choose hearings, they (and their attorneys) will be permitted to present witnesses.

• The length of the hearing will be determined by the Special Master, but generally will not exceed a few hours.

• The hearings shall, to the extent practicable, be scheduled at times and in locations convenient to the Claimant.

• The Claimant shall be entitled to be represented by an attorney, but it is not necessary that the Claimant be represented by an attorney.

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16. What can I be compensated for?

The Special Master will compensate eligible Claimants based on the harm to the Claimant (including both economic loss and noneconomic loss), the facts of the claim, and the individual circumstances of the Claimant. The Special Master shall determine the Claimant's eligibility and the amount of compensation within 120 days from when the claim is filed and accepted by the Special Master as substantially complete.

Economic damages include:

• losses that can easily be measured in terms of money, such as lost wages, medical expenses, burial costs, loss of business or employment opportunities.

Noneconomic damages include:

• very real harms that are not easily measured in terms of money, such as the losses associated with disfigurement or physical impairment or other losses such as loss of companionship or parental guidance. (The presumed non-economic losses for decedents shall be $250,000 plus an additional $100,000 for the spouse and each dependent of each victim.).

But Congress says the Fund award must be reduced by any other sources of compensation Claimants have received (such as life insurance policy payouts, etc.) as a result of the attacks. These are called "collateral sources."

Collateral Sources include:

• life insurance, pension funds, death benefit programs, and certain other payments by federal, state, and local government programs. Only certain portions of the payments will be deducted. A Trial Lawyers Care attorney can give you specific advice about these deductions.

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17. What "collateral sources" cannot be deducted from my award? And in calculating awards, will workers' compensation and Social Security benefits be deducted?

The statute and rules make clear that the following are not Collateral Source compensation:

• The value of services or in-kind charitable gifts such as provision of emergency housing, food, or clothing.

• Charitable donations distributed to the beneficiaries of the deceased victim, to the injured Claimant, or to the beneficiaries of the injured Claimant by charities run by private or governmental entities unless those funds provided constitute, in substance, a payment described in the definition of collateral sources, and therefore should be used to offset the award.

In addition, the Special Master has stated his inclination not to deduct as collateral sources the following:

• Money or other investments in victims' 401(k) accounts.

• Certain government benefits, such as tax relief, contingent Social Security benefits, and contingent workers' compensation benefits (or comparable contingent benefits for government employees).

The statute creating the Victim Compensation Fund identifies as one of the collateral sources subject to being offset "payments by Federal, State and local governments related to the terrorist-related aircraft crashes." Neither the statute nor the implementing regulations mention workers compensation or Social Security specifically. However, the final regulations read together with the Special Master's published comments indicate that portions of these benefits probably will not be offset, while other probably will.

"In determining the appropriate collateral source offset," the regulations state, "for future benefit payments that are contingent upon one or more future event(s), the Special Master may reduce such offsets to account for the possibility that the future contingencies may or may not occur."

As examples, the Special Master has stated that workers' compensation, Social Security and similar benefits that are payable only if the spouse does not re-marry or does not earn income above a certain threshold will be offset only to the extent they have already been paid. By contrast, the Special Master has also stated that survivor benefits to be paid periodically to children of victims can be reasonably computed and will be offset.

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18. Before I apply for compensation from the Fund, I'd like to get an idea of what I might receive. Is there any information on this?

The Special Master has said the Department of Justice will make available an advisory service to give additional information to potential applicants regarding how the Fund will treat different types of collateral source compensation.

The Special Master has a methodology for calculating presumed economic and noneconomic losses that is based on individual circumstances for each Claimant, such as age, prior income levels, marital status, and the number and ages of the victim's dependents. In other words, these are "presumptions" about the losses of the victims and their families. We believe that they are meant as guidelines that will help claimants understand what kind of awards they will receive before considering circumstances not considered in the presumptions -- the Special Master and his representatives will take into account other evidence relating to each particular situation.

Charts of these "Presumed Awards" can be found on the Department of Justice Web site.

These charts should provide the majority of potential Claimants with a general dollar range into which their awards may fall before taking into consideration "Collateral Sources" that will be subtracted from Fund awards (SEE FAQ #s 16 and 17).

These charts will also be used by Claims Evaluators and the Special Master to initially determine what a Claimant's award will be. In other words, in order to calculate a "Presumed Award," a Claimant can consult the Special Master's charts, and then subtract from those amounts any "Collateral Sources" – income such as life insurance, pensions, etc. that – that have been received.

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19. Will my Fund award be taxed by the Federal Government?

A recent law passed by Congress provides that all awards under the Fund will be tax-free.

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20. Are there any other tax benefits to which I might be entitled?

Under a recent law passed by Congress, September 11 victims are eligible for relief from federal income taxes for the tax years of 2000 and 2001. In addition, there is substantial estate tax relief also available. A Trial Lawyers Care attorney can give you specific advice about these new laws.

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21. Where is the money in the September 11th Victim Compensation Fund coming from? Will this be funded with tax dollars?

Compensation from the Fund will be paid with money from the U.S. Treasury. Congress provided that the law creating the Fund established "the obligation of the Federal Government to provide for the payment of amounts for compensation." The Fund will use tax dollars but no new taxes will have to be levied to pay for the program.

The law itself guarantees that as much money as is necessary to compensate eligible Claimants will be available and that no new legislation will be necessary to put money into the Fund. There is no specific ceiling on how much money will go into the Fund.

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22. What is Trial Lawyers Care, Inc.?

In the wake of the disaster, trial attorneys banded together to form Trial Lawyers Care, Inc., a national non-profit program that works to provide free legal services for victims eligible for compensation under Congress' newly created "September 11th Victim Compensation Fund."

Trial Lawyers Care helps victims who seek compensation from the Fund get free legal services from lawyers who are familiar with personal injury and death cases and who are knowledgeable about the Victim Compensation Fund.

Trial Lawyers Care will connect eligible Claimants to experienced trial lawyers who will represent them. The lawyer Trial Lawyers Care assigns will not charge the Claimant for his or her legal services.

The purpose of Trial Lawyers Care is to link eligible Claimants with lawyers who meet certain high standards and who have agreed to give advice to Claimants about the Victim Compensation Fund without charging a fee.

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23. How does Trial Lawyers Care pick the lawyers?

Trial Lawyers Care has received applications from lawyers all over the country seeking to volunteer to represent Claimants to the Fund. After reviewing them all, Trial Lawyers Care has selected only those lawyers meeting the qualifications set out below.

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24. What are the qualifications of the lawyer? Who will be assigned to any given case? Where will the client's lawyer be located?

At a minimum the lawyer will be a member in good standing with the lawyer licensing authority in the state in which he or she practices, and will meet the following criteria, or be under the supervision of a lawyer who meets the following criteria:

• has been licensed to practice for at least 5 years,

• has tried or settled any combination of at least 15 personal injury, death or other significant cases.

To the extent it is possible Trial Lawyers Care will try to link the client with a lawyer in or near the Client's state of residence.

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25. I haven't decided whether I want to seek compensation from the Fund. Can I talk to a Trial Lawyers Care-assigned attorney about my options?

There are many issues to be considered when deciding whether to file for compensation from the Fund (SEE FAQ #2). Although we anticipate that most victims will find it advantageous to seek compensation from the Fund, potential Fund Claimants can speak with a Trial Lawyers Care-assigned attorney to help them decide whether to seek compensation from the Fund or file a lawsuit. Trial Lawyers Care-assigned attorneys will never charge Claimants for any legal services at any stage – from consultation through full representation before the Fund.

However, if a Claimant decides to file a lawsuit in court, that Claimant will need to hire his or her own lawyer. The decision whether to pursue Fund compensation or file a lawsuit will ultimately be made by the Claimant. If you as a Claimant wish to file a lawsuit, your Trial Lawyers Care lawyer will refer to at least two other, non-Trial Lawyers Care attorneys who may be available for representation. Your Trial Lawyers Care attorney will not receive any referral fee, or any other fee, for this referral.

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26. Can the client dismiss a lawyer assigned by Trial Lawyers Care?

Yes. If a Claimant chooses, he or she may dismiss the first lawyer assigned by Trial Lawyers Care and be assigned another lawyer.

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*Nothing contained herein shall be viewed as legal advice. Such advice can and should only come from a lawyer specifically retained to give advice.

Trial Lawyers Care, Inc
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