Posted Feb 26, 2011 by Daniel J. Hansen on How long do I have to file a Zadroga 9/11 Compensation claim?
If I have a 9/11-related lawsuit that is NOT settled, can I file a non-lawsuit administrative claim under the Zadroga Act?
The answer is NO!
The Zadroga Act states, to be eligible for compensation under the 9/11 Victims Compensation Fund, an injured claimant who is part of a lawsuit that has not yet fully settled, MUST withdraw from any lawsuit. While this provision does not affect those who have already settled 9/11 lawsuits and paid legal fees ranging from 25% to 33 1/3 % to their old lawyers, many claimants in related 9/11 litigation may not have settled their 9/11 lawsuits to date. These injured victims and first responders should not feel pressure to settle their lawsuits now! It may hurt them financially to do so now.
In particular, the Zadroga Act states that:
an individual may NOT submit a claim for Victims Compensation unless such individual withdraws from such action within 90 days from the date on which Zadroga regulations are issued (the regulations are expected soon). A lawsuit settled after January 2, 2011 (the date that the Zadroga Act was signed into law), disqualifies the injured person from any right to file a claim for Victims Compensation.
Should I call a new Zadroga Act Lawyer for a Second Opinion?
A claimant may want to get a second opinion from a different Zadroga Act lawyer since, as reported in the Daily News, some:
A second opinion from a new, unbiased Zadroga Act lawyer guarantees that any possible conflict of interest that the lawsuit lawyer may have in recommending that an injured person continue with a lawsuit -where the lawyer’s fee is 25% (or even more) – rather than file a Zadroga Act claim where the lawyer’s fee is much less (at most 10%, sometimes less).
A second opinion from an new Zadroga Act lawyer avoids the potential “mixed signals” given to the 9/11 victims from the 9/11 lawsuit lawyers. Visit us in our offices in the historic Woolworth Building in lower Manhattan or one of our other convenient locations. You may pay lower legal fees!