Posted Dec 30, 2010 by Turley, Hansen & Rosasco on Can I file a claim if I was part of the recent 9/11 lawsuit?
Yes. However, there are significant limitations for those who have either “pending” or “settled” civil action. These limitations, and potential strategies to maximize any recovery under the Zadroga Act, should be discussed with an attorney. The limitations in the statute are detailed below:
(f) Limitations on Civil Actions-
(1) APPLICATION TO DAMAGES RELATED TO DEBRIS REMOVAL- Clause (i) of section 405(c)(3)(C) of such Act, as redesignated by subsection (c), is amended by inserting `, or for damages arising from or related to debris removal’ after `September 11, 2001′.
(2) PENDING ACTIONS- Clause (ii) of such section, as so redesignated, is amended to read as follows:
`(ii) PENDING ACTIONS- In the case of an individual who is a party to a civil action described in clause (i), such individual may not submit a claim under this title–
`(I) during the period described in subsection (a)(3)(A) unless such individual withdraws from such action by the date that is 90 days after the date on which regulations are promulgated under section 407(a); and
`(II) during the period described in subsection (a)(3)(B) unless such individual withdraws from such action by the date that is 90 days after the date on which the regulations are updated under section 407(b).’.
(3) SETTLED ACTIONS- Such section, as so redesignated, is further amended by adding at the end the following new clause:
`(iii) SETTLED ACTIONS- In the case of an individual who settled a civil action described in clause (i), such individual may not submit a claim under this title unless such action was commenced after December 22, 2003, and a release of all claims in such action was tendered prior to the date on which the James Zadroga 9/11 Health and Compensation Act of 2010 was enacted.’.