What Happens If a Victim Passes Away After Filing a VCF Claim?

When a 9/11 victim (an area resident, worker, responder, or student) passes away after filing a claim with the September 11th Victim Compensation Fund (VCF), their family is often unsure about what happens next. The VCF has specific rules for how claims continue after a claimant’s death, who can take over the process, and whether the family may qualify for additional compensation, including a potential wrongful death award if a 9/11-related illness contributed to the victim’s death.

Understanding these rules is essential for protecting your family’s right to compensation and ensuring you receive the full benefits available. Here, we break down what happens after a survivor dies, how the VCF handles claims in these situations, and what steps families should take.

Understanding What the VCF Is and Who Qualifies as a 9/11 Victim

The 9/11 Victim Compensation Fund was created to compensate individuals who suffered physical harm due to exposure from living, working, or going to school at any of the 9/11 crash sites, including:

• The World Trade Center
• The Pentagon
• The Shanksville, PA, crash site
• The NYC Exposure Zone, including lower Manhattan south of Canal Street
  
  

Victims include residents, workers, students, responders, and volunteers who were present in one of the above designated areas between September 11, 2001, and May 30, 2002.

What Happens to a VCF Claim After a Victim Passes Away

When a victim passes away, the VCF claim is put on hold. To move forward with a claim, the VCF requires that a legally authorized person take over, known as the Personal Representative (PR). Only a PR can legally act on behalf of a deceased individual.

The Personal Representative is typically appointed by the Surrogate’s Court (or equivalent probate court) in the state where the deceased was domiciled at the time of death. If the deceased left a valid will, the court appoints the executor named in the will. If there is no valid will, the court appoints an administrator pursuant to state intestacy law. Once appointed, the executor/administrator must provide documents such as:

• Letters Testamentary (if there is a will), or
• Letters of Administration (if there is no will)
  
  

The next steps on the claim will depend on whether the victim died of causes related to their 9/11-related eligible condition or died of unrelated causes: 

• If the survivor died of causes unrelated to 9/11, you should file a Personal Representative amendment to the personal injury claim. 
• If the survivor’s death is believed to have been caused by an eligible 9/11-related condition, or if you are unsure if the death was caused by an eligible condition, you should register a new wrongful death claim.  
  
  

The PR must also submit a Claim Form Signature Page with their signature.

If the VCF has not made a decision before the claimant passes, the VCF will place the claim on hold and require the claim be submitted by the PR.  If the VCF already issued but not paid an award, then the PR will collect the award to be distributed by the estate in accordance with the laws of the state where the estate is established. If a victim passes away as a result of their 9/11-related eligible condition after having received an award, the VCF will consider whether any additional compensation should be awarded in the deceased's claim.

The Difference Between a 9/11-Related Death and an Unrelated Death

When a 9/11 survivor passes away, an important question for VCF purposes is whether their death is considered 9/11-related. A death is considered related to 9/11 exposure if a certified condition was the cause of death, or a significant condition contributing to death. If the death is 9/11-related, the family can file a wrongful death claim with the VCF, which can provide:

• Additional non-economic compensation for surviving spouses and dependents
• Funeral and burial expenses
• Economic loss benefits
• Compensation for pre-death pain and suffering (if not previously awarded)
• Additional compensation for pain and suffering for the deceased claim
  
  

If the death was unrelated to a certified 9/11 illness, the family is not eligible for a wrongful death award, but can continue the original personal injury claim. The VCF will still compensate for the victim’s 9/11-related injuries up to the date of their death.

What Families Should Do If a Loved One Passes Away During the Claim Process

If a survivor dies after filing a VCF claim, families should take several steps:

1. Notify the VCF: The VCF must update the claim status and stop any pending processing until a Personal Representative is appointed.
2. Begin the Surrogate’s Court Process: The VCF relies on the state Surrogate’s Court to appoint an executor or administrator who will act as the Personal Representative. Only the Personal Representative can legally continue or file a claim for the deceased.
3. Gather Required Documents: The VCF typically needs a death certificate, a claim form signature page signed by the PR, Letters of Administration/Testamentary, updated medical, financial, or employment information, and proof of 9/11-related illness contributing to death (if pursuing wrongful death).
4. File a Deceased (Wrongful Death) Claim: This claim is separate and requires its own filing, evidence, and review.

Time Limits and Important Deadlines for Deceased Claims

Important deadlines to keep in mind include:

• If the victim previously registered a personal injury claim by the applicable deadline, the deceased claim is automatically considered to have been timely registered. 
• If the deceased victim did not timely register a prior claim, the Personal Representative is required to register the deceased's claim within two years of the later of these dates:
  • Victim’s date of death – or –
  • Date on which the VCF (through the Private Physician Process) verifies the condition that caused the death as 9/11-related.
    
    

Missing this deadline can prevent the family from receiving compensation, so acting quickly is essential.

How a 9/11 Victim Lawyer Can Help Families After a Loved One’s Death

The VCF process can become significantly more complicated when a survivor passes away. A 9/11 attorney can provide essential support to surviving families by:

• Helping families obtain Letters of Administration or Letters Testamentary
• Determining whether the death qualifies as 9/11-related
• Gathering medical proof when the death certificate is unclear
• Preparing both personal injury continuation and wrongful death claims
• Ensuring all required documents are submitted correctly
• Meeting important deadlines
• Communicating with the Special Master on the family’s behalf
  
  

The goal is to secure the maximum possible award for the family and prevent delays or denials that may arise when handling these claims on your own.

Get Help Navigating a VCF Claim After the Loss of a Loved One

Understanding what happens to a VCF claim after a loved one passes is critical to ensuring your family receives the compensation you’re entitled to. Whether you need to continue a personal injury claim, file a wrongful death claim, or determine what’s best for your situation, our dedicated attorneys at Hansen & Rosasco, LLP can guide you through every step with personalized care and compassion.