NYC Injury Headlines

In New York, Victim Compensation Fund

As the Special Master for the September 11th Victim Compensation Fund of 2001 (the "Fund"), I respectfully submit this Report detailing the activities of the Fund. The Report provides an extensive accounting of the operation and administration of the Fund and of the final resolution of all claims. The Fund is a unique Program created in the aftermath of the tragic events of September 11, 2001. It was conceived, implemented and concluded within a 33-month period. I am pleased to report that, in my view, the Fund was an unqualified success: 97% of the families of deceased victims who might otherwise have pursued lawsuits for years have received compensation through the Fund. The Fund provided generously for those directly affected by the attack. In total, the Fund distributed over $7.049 billion to survivors of 2,880 persons killed in the September 11th attacks1 and to 2,680 individuals who were injured in the attacks or in the rescue efforts conducted thereafter.

The average award for families of victims killed in the attacks exceeded $2 million. The average award for injured victims was nearly $400,000. The success of the Fund was directly attributable to the unprecedented cooperation from the legal and financial communities, the judiciary, federal and state agencies, state governments, public and private sector employers, individual citizens, and of course, the victims and their families. I am grateful to all those who contributed tirelessly to the successful operation, administration and conclusion of the Fund. Nearly every family of an individual killed in the September 11th attacks chose to participate in the Fund. To the extent that participation is a measure of success, the Fund was extraordinarily successful.

What factors contributed to this success?
In our view, there are five major factors that resulted in this overwhelming acceptance of the Fund as a means of compensation. First, the alternative of litigation presented both uncertainty and delay.

Second, the Fund took extraordinary steps to assure that families could obtain detailed information about their likely recovery from the Fund.

Third, the Fund took a proactive approach -personally contacting each claimant, ensuring that claimants were able to obtain and present the best information in support of the claim; assisting claimants to obtain helpful information; explaining to claimants information that would assist the Fund in maximizing the computation of economic loss and resolving uncertainties in favor of the claimant.

Fourth, the Fund offered in-person informal meetings along with hearings so that claimants could "have their day in court" and explain the magnitude of their loss and their views about the way in which the Fund should treat their particular situation.

Fifth, the Fund offered certainty without significant delay, allowing families the option of a type of "closure." Although the Fund's decision to create an accessible, proactive program undoubtedly added to the administrative costs of the program, it proved to be the appropriate choice for the claimants.