Saturday, August 30, 2003

victims' families...

see nytimes article: Concern Growing as Families Bypass 9/11 Victims' Fund

the statute of limitations is closing on victim claims to the 9/11 fund, and there are quite a number of missing claimants. this is because:
1) families are too grieved to file
2) families want to be able to sue the airlines (want to recover more $$ through lawsuit) [huh?????]
3) families are too afraid of the government to file (the families of illegal immigrant victims)


the families in category #2 should be permitted to file and recover from the fund, and have that taken into account when and if a settlement or judgment is determined in any resulting civil litigation on the wrongful death suits. since this is federal legislation to protect the airlines, there is a presumption here that a jury will find the airlines liable. this is possible, but not likely. the airlines had no way of anticipating what happened that day, and I don't think a jury would think so either. but if a jury did find the airlines responsible, wouldn't they then be required to recover through the legislated fund for that purpose??? I think there is an unfairness to make the victims' families choose their compensation route (either sue the airlines and it's all-or-nothing, or come to us and at least you get something) way.

I really don't understand this fund legislation.

there ought to be a way of filing a protective claim on behalf of the victims who do not file, especially in the case where the grief has been too great, and the family is still suffering from post traumatic stress. an extention of the statute of limitations in this case, perhaps? I wonder if it is possible to file a class action protective claim with the fund on behalf of the families who don't file?

I think there is a category #4, however. the families that wouldn't even think of asking for a dime. when one has lost a dear family member through such a heinous and unholy crime, the idea of compensation in lieu of a life is as repugnant an idea as one could think. no amount of money could fill that gaping hole in your life.

yet these people probably need the money the most. if nothing else, to send their children to college. they just aren't going to ask for it.

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