Is Hiring a 9/11 Lawyer Necessary?

You are not required to hire a lawyer to file a claim with the September 11th Victim Compensation Fund (VCF). Some people hesitate to hire a 9/11 VCF attorney because they assume the fee, like a typical personal injury lawyer's fee, will be 33 1/3% or more. In reality, a 9/11 lawyer's legal fee is limited to 10% of any recovery - the amount actually awarded and paid by the VCF.

9/11 victims hire an attorney for several reasons. First, many feel that the limited 10% fee is worth the peace of mind that comes with having an experienced 9/11 attorney guide them through the complexities of the World Trade Center (WTC) Health Program, generally a first step before filing a VCF claim, and the VCF. Second, the attorney can help them secure lifetime health benefits from the WTC Health Program as part of the VCF representation, without charging an extra fee for that assistance. Third, VCF attorneys are required to work on a contingency basis, meaning they may charge a fee only if your claim is successful and you are actually paid. Fourth, an experienced 9/11 VCF attorney is more familiar with the day-to-day workings of the WTC Health Program and the VCF. This can help avoid mistakes, move the claim toward approval and payment more quickly, and maximize the award. Finally, many people value the peace of mind that comes with having an experienced 9/11 attorney deal with the federal government, so they do not have to navigate the ins and outs of the unique, complex system of federal laws and regulations governing the WTC Health Program and the VCF. Simply put, people do not know what they do not know.

Do You Have to Pay Upfront to Hire a 9/11 Lawyer?

No. You do not have to pay any upfront legal fees to hire a 9/11 attorney. You pay your attorney only after the VCF awards compensation. That means the attorney receives a fee only if they successfully obtain compensation for you.

For many 9/11 responders, survivors, and others who were present in the aftermath of 9/11, many of whom already face financial hardship from medical bills or missed work, this provides access to experienced legal help without another financial burden. In addition, many 9/11 firms offer free consultations, so you can learn more about your eligibility and options from an experienced source before deciding whether to move forward.

Why Are Attorney Fees for 9/11 Claims Capped at 10%?

Congress placed a 10% cap on attorney fees for VCF claims to protect claimants, helping ensure that they receive most of their compensation while still having access to experienced legal representation.

This cap offers several benefits:

• Your attorney is motivated to win the maximum award for your circumstances.

• You do not have to negotiate percentages or compare fee structures between firms.

• The vast majority of your compensation remains yours.

• There is no charge for finding out more about your eligibility.

This fee cap applies specifically to representation before the 9/11 Victim Compensation Fund.

What Does the 10% Attorney Fee Actually Cover?

The 10% attorney fee covers more than submitting paperwork. Many claims require months of work to gather documents and prepare the claim. A VCF attorney helps determine whether you are eligible to file, register your claim before applicable deadlines, coordinate with the WTC Health Program on certification of your illness, and prepare claims for economic and non-economic loss. The following expenses are never reimbursable for a VCF claim:

• Obtaining routine supporting documents

• Printing, mailing, delivery, messenger services, and telephone calls

• Staff expenses

• Litigation expenses related to a claimant's 9/11-related lawsuit (for example, court filing fees and deposition costs), because those expenses are not related to submitting a VCF claim

These are considered routine expenses and are included in the attorney's fee.

Are There Any Out-of-Pocket Costs or Hidden Fees?

In most cases, there are no out-of-pocket costs or hidden legal fees. However, there can occasionally be costs associated with obtaining records needed to support your claim. For example, if your attorney pays certain non-routine expenses, the attorney may request reimbursement as long as the expenses and attorney fees together do not exceed the 10% cap. These expenses include:

• Medical Record Expenses – If the amount is limited to what the facility maintaining the records charged; the records were obtained specifically for the VCF claim; and the claimant or attorney made efforts to limit the request to records that appeared necessary for the claim

• Certified Translation Expenses – For a document that is substantive to the claim and provided in a language other than English

Other non-routine expenses must be submitted to the Special Master for reimbursement approval.

Law firms handle these expenses differently. Some firms advance the costs and recover them later, while others discuss them with clients before they are incurred. A reputable 9/11 law firm should explain exactly how expenses are handled before you sign a representation agreement, so there are no surprises later.\

Can You File a VCF Claim Without a Lawyer?

Yes. You can file a VCF claim without hiring an attorney. The VCF allows individuals to prepare and submit their own claims. However, many people discover that the process is more complicated than they expected and that hiring an experienced 9/11 lawyer has several benefits. This is why more than 86% of claims are filed with attorney representation.

A successful VCF claim requires:

• WTC Health Program certification

• Proof of presence in the exposure zone

• Medical documentation

• Employment records

• Economic loss calculations

• Responses to follow-up requests from the VCF

If any required documentation is missing or incomplete, your claim may be delayed or denied.

Is Hiring a Lawyer Worth It for Every VCF Claim?

Not every claim is complicated. If you have extensive documentation and a straightforward medical history, filing without a lawyer may be manageable. However, experienced VCF attorneys know how to anticipate common issues before they become problems. This can help reduce delays and ensure that your submission is as complete as possible the first time and reflects the full amount of your economic and non-economic losses.

Legal representation can be especially valuable if your situation is more complex, such as when:

• Your employer no longer exists

• You need witness statements to prove your presence

• You have multiple certified conditions

• You are seeking compensation for non-economic loss

• You are filing on behalf of a deceased loved one

• Your claim has been delayed or denied

• You need to amend your claim after a new diagnosis

Because the fee is limited to 10% and is paid only if compensation is awarded, many claimants find the peace of mind worthwhile. They are not left wondering whether their award could have been higher with experienced legal guidance.

Speak With an Experienced 9/11 Lawyer About Your VCF Claim

At Hansen & Rosasco, LLP, we have helped thousands of responders, survivors, residents, students, office workers, and family members of deceased individuals navigate the VCF and the WTC Health Program. Whether you are filing your first claim, amending or appealing an existing claim, or simply want to know whether you are eligible, our dedicated attorneys are here to answer your questions and guide you through every step. Contact us today for a free consultation and find out how we can help you pursue the compensation you deserve.