Pain and Suffering Damages Under the 9/11 Victim Compensation Fund

Compensation for “Pain and Suffering” Damages

All 9/11-related cancers and illnesses can have a long-term effect and cause pain, suffering, and economic losses on the lives of those who were exposed to the toxins released into the air and water at or near Ground Zero – on September 11, 2001 or in the many months afterward.

If you became sick because of exposure to the contaminated air at the “Crash Site Area,” know that our VCF lawyers are dedicated to advocating for you through this VCF claim process and in pressing for an award for the full amount. We will evaluate the various damages you are eligible for under the 9/11 Victim Compensation Fund.

New caps on "non-economic" damages are:

• $250,000 for individuals with covered 9/11 cancer types. (Note: Certain cancers will be awarded less than $250,000.) The 9/11 cancer claims are among the most common claims submitted through the VCF.
• $90,000 for an eligible non-cancer condition. (Note: Many conditions that are not 9/11 cancers will be awarded less than $90,000.)
• The Reauthorized Zadroga Act does not place an “aggregate cap” on “non-economic” loss but merely states that the loss for any type of cancer shall not exceed $250,000 and the loss for any type of non-cancer shall not exceed $90,000. For example, if a 9/11 victim suffers from one type of cancer and receives an award, and then later develops a second cancer, the VCF has the discretion to make an additional award of compensation of up to another $250,000.
• In cases where the 9/11 claimant suffers multiple cancers, our firm’s 9/11 attorneys have successfully argued and won many cases where we obtained awards greater than the $250,000 cap. 
• A “non-economic loss” may be for either a 9/11 cancer or non-cancer condition and/or may be for more than one type of cancer.
• The 9/11 VCF Special Master has the discretion to consider the effect of multiple cancer conditions or multiple cancers and non-cancer conditions in computing the total non-economic loss. 
• Since the Special Master has complete discretion in the amount of a VCF award, it is vital that a devoted 9/11 attorney advocate for the claimant is able to obtain the maximum award allowed by law. 

"Non-Economic Loss" Awards

“Non-economic loss” awards do not require that the claimant lose time from work or suffer a permanent disability. The VCF awards “non-economic loss” payment only for covered physical conditions. Unfortunately, the VCF specifically excluded awards for mental injuries, such as post-traumatic stress disorder (PTSD), anxiety, or depression.

There are many benefits available to those who are eligible for the 9/11 Victim Compensation Fund. The VCF Special Master has unlimited discretion in setting the amount of an award and, as a result, payouts vary greatly, depending on how the facts of the claim are presented.