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Overview of Victim Compensation Fund Law

In response to the terrorist attacks, Congress established a September 11th Victim Compensation Fund [ Title IV of the Air Transportation Safety and System Stabilization Act H.R. 2926 ] that provides a less complicated way to compensate victims who were physically injured or who lost their loved ones during the terrorist activities of September 11, 2001.

Details of Fund procedure are still being worked out. However, we do know a few things about how the Fund will work:

The U.S. Attorney General will appoint a Special Master to oversee the Fund. A Special Master is a judicial officer who will decide the specific procedures under which the Fund will work.

The Special Master will also employ and supervise hearing officers and other administrative personnel to perform duties the Master assigns.

Individuals seeking compensation from the Fund (the Client/Claimants) will have the right to be represented by an attorney, the right to present evidence, including the presentation of witnesses and documents, and any other rights determined appropriate by the Special Master.

The Client/Claimant will not be required to prove who was at fault in causing the injury/death. In other words, the Client/Claimant will not have to prove negligence or any other theory of liability on anyone's part, as would be necessary in a usual civil court proceeding.

Congress has ensured that a decision on the claimant's case be rendered within 120 days of the filing of the claim.

Within 20 days after that, Congress says the U.S. government must authorize payment for the amount awarded by the Fund.

Fund claimants will not have the same rights to appeal decisions as those who seek compensation through the traditional court system.

• Other compensation claimants have received as a result of the attacks (such as life insurance policy payouts, etc.) may be subtracted from Fund awards. In other words, compensation from the Fund will be offset by other compensation claimants receive.

For more information, please read the Frequently Asked Questions.

To Read Title IV ("September 11th Victim Compensation Fund") of H.R. 2926 - The Air Transportation Safety and System Stabilization Act, Click Here.

To Read the Full Version of H.R. 2926 - The Air Transportation Safety and System Stabilization Act, Click Here.

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