Wrongful Death Claims Under the 9/11 Victim Compensation Fund

Wrongful death awards are administered by the Victim Compensation Fund (VCF), a program designed by the federal government for 9/11 victims and their families.

IMPORTANT NOTE: The time frame for when a wrongful death claim can be filed expires two years after a victim’s date of death. Many families may not be aware of this time frame. If the deadline is missed – even if by many years – it is crucial for the family to immediately consult with 9/11 lawyers to argue to the VCF Special Master that the missed deadline should be excused, and an award should be made.

This is a detailed process and, in all cases, requires affidavits from many parties (prepared by the law firm) and a hearing and testimony (possible by telephone) to make the case to the Special Master. 

The categories and financial awards of wrongful death claims are determined by the VCF as follows:

• Personal injury pain and suffering: Awarded for period of time when a victim was first diagnosed with a 9/11-related illness until the date of his or her death. The amount of money awarded ranges from $10,000 to $340,000.
• Wrongful death pain and suffering: Awarded for pain and suffering related to a victim’s death and is added to the “personal injury pain and suffering” classification. The amount of money awarded is typically $250,000.
• Spouse and dependent awards: Awarded to victim’s surviving spouse and children. The amount of money awarded is an additional $100,00 to the surviving spouse and $100,000 to each of the deceased’s dependents.
• Burial memorial services/funeral costs: Awarded to victim’s estate to compensate for out-of-pocket burial or memorial services. The amount of money awarded is determined by the VCF.

• Loss of earnings: Awarded to provide for economic loss to the victim’s beneficiaries for earnings lost from when he or she was unable to work due to a 9/11-related illness or injury – both for the period of time from when the deceased first became disabled until his or her death, and also for the future when the deceased would have been expected to work had he or she not died. The amount of money awarded is dependent on the age of the victim, the work history, and the projected number of years he or she was disabled and expected to continue working until retirement. For example: In cases where the victim was younger, the award for future lost earnings would be greater because it covers more years. If the victim was older, however, the award would be less because it covers fewer years. The amount of lost earnings awarded by the VCF may vary by millions of dollars and, for that reason, it is important that the claim be properly documented and argued. 
• Replacement services losses: Awarded to victim’s beneficiaries for full value of household-related tasks (e.g., cooking, cleaning) that victim could no longer perform as a result of his or her 9/11-related illness or injury. It should be noted that the amount of money for loss of services is not awarded when the VCF makes an award for lost earnings. These particular replacement services claims are, for the most part, limited to instances when the 9/11 victim was not working at the time when he or she first got sick with a 9/11-related condition and had not lost any earnings (such as a retiree or a stay-at-home parent).