How to File a Zadroga Claim?

Posted: Apr 10, 2011 |Comments: 0 |

Any eligible victim of the 9/11 World Trade Center terrorist attacks can file a Zadroga claim. The exact Zadroga claim procedure will be laid down by the Special Master who will also decide the final compensation for every claimant. You may approach a law firm to get details and initial consultation about Zadroga claim procedure.

After a rocky run in the US Congress the James Zadroga 9/11 Health and Compensation Act of 2010 was signed in a law by President Obama. A Zadroga claim is available to 9/11 first responders. Eligible victims from the Zadroga include: police personnel, fire fighting forces, utility, EMS, construction and cleanup workers, volunteers, original survivors, and downtown residents.They had to be in the Ground Zero area (this area is still to be exactly determined) or the "debris removal area" between 9/11/2001 and 5/30/2002. Now the President will have to appoint a "Special Master" (the official who will decide the appropriate financial award for each victim). The Special Master will write new rules and regulations within 180 days of January 2, 2011 about Zadroga claim procedures.

As of early February 2011, no Special Master had been appointed by the President. Until the Special Master writes the new Victims Compensation Fund regulations, it is very difficult and too early to predict the exact procedure for Zadroga claim. However, based upon the timelines laid down in Zadroga Act, it can easily be derived that the Victims Compensation Fund will start receiving new claims by mid-summer 2011.

Based upon the previous such plans when the original Victims Compensation Fund was open, a significantly accurate assumption can be made about the information that the Special Master will require to prove a victim's economic and pain-and-suffering damages before applying for a financial award.

Most law firms in New York are currently accepting the Zadroga claim cases for clients who want to fully prepare their claims by gathering all needed medical and financial information prior to the Fund reopening in summer 2011. Preparation now will allow victims to receive all the compensation they deserve. A number of law firms a free consultation and there is no fee unless the victim receives compensation.

In order to prevent fraudulent and speculative litigation, the Zadroga Act has laid restriction on attorney fees in Victims Compensation Fund claims.This is limited up to 10% of any award, less any fee that was paid to prior attorneys in other 9/11-related cases.The Zadroga claim law also gives the victim an absolute right to retain a different lawyer for their Victims Compensation Fund claim if they are dissatisfied with the legal services they received in any prior 9/11 litigation or claim.

A number of NY law firms offer a free"Second Opinion Service" for the people dissatisfied with their prior 9/11 cases. The best part is that the Zadroga claim law is written to protect the victims, not attorneys so the victims will never pay more legal fees by retaining a different law firm for the Victims Compensation Fund claim.

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