28 C.F.R. § 104.41

Amount of compensation

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As provided in section 405(b)(1)(B)(ii) of the Act, in determining the amount of compensation to which a claimant is entitled, the Special Master shall take into consideration the harm to the claimant, the facts of the claim, and the individual circumstances of the claimant. The individual circumstances of the claimant may include the financial needs or financial resources of the claimant or the victim's dependents and beneficiaries. As provided in section 405(b)(6) of the Act, the Special Master shall reduce the amount of compensation by the amount of collateral source compensation the claimant (or, in the case of a Personal Representative, the victim's beneficiaries) has received or is entitled to receive as a result of the terrorist- related aircraft crashes of September 11, 2001. In no event shall a Group B claim receive an amount of compensation that is greater than the amount of loss determined pursuant to these regulations less the amount of any collateral source compensation that the claimant has received or is entitled to receive for such claim as a result of the terrorist related aircraft crashes of September 11, 2001 for the Group B claim.

Notes of Decisions

Cited in 2 cases, 2003–2003 · leading case: Colaio v. Feinberg, 262 F. Supp. 2d 273 (S.D.N.Y. 2003).

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Colaio v. Feinberg, 262 F. Supp. 2d 273 (S.D.N.Y. 2003). · cites it 7× “” 28 C.F.R. § 104.41 (2003). Claimants may choose between two tracks in pursuing awards.”

Schneider v. Feinberg, 345 F.3d 135 (2d Cir. 2003). · cites it 4× “” 28 C.F.R. § 104.41 . “[H]arm to the claimant! ] includes] any economic and noneconomic loss.”

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