A victim's eye view of the September 11th Victim Compensation Fund: despite the inadequacies of the fund for high earners and the collateral source deductions, the fund has provided most for most victims.

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A victim's eye view of the September 11th Victim Compensation Fund: despite the inadequacies of the fund for high earners and the collateral source deductions, the fund has provided most for most victims.

IN THE wake of the terrorist attacks September 11, 2001, the U.S. Congress enacted the September 11th Victim Compensation Fund of 2001 as Title IV of the Air Transportation Safety and System Stabilization Act and as part of a broad effort to, first, protect the financial viability of the airline industry by limiting air carrier liability arising from civil lawsuits to insurance coverage, and, second, by providing victims in effect no-fault insurance in which proof of liability would not be required. (1)

The legislation provided victims two options for recovery: (1) civil litigation with recovery capped at the airline's liability insurance coverage or (2) the fund, which offered compensation in exchange for release of claims against the airlines, airports and aircraft manufacturers. Victims (2) utilizing the fund had to submit applications by December 22, 2003. Victims pursuing litigation must adhere to state statutes of limitations, typically two years from the date occurrence--September 11, 2003.

In a press release of December 18, 2003, just a few days before the application deadline, Kenneth R. Feinberg, the special master administering the fund, said that 5,102 claims had been received as of that date, including 2,521 claims for decedents (85 percent of those eligibl...

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