C.F.R. » Title 28 » CHAPTER I—DEPARTMENT OF JUSTICE › PART 104—SEPTEMBER 11TH VICTIM COMPENSATION FUND › Subpart D—Amount of Compensation for Eligible Claimants

28 C.F.R. § 104.44

Determination of presumed noneconomic losses for death for claims on behalf of decedents

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The presumed non-economic losses for an eligible death shall be $250,000 plus an additional $100,000 for the spouse and each dependent of the deceased victim. Such presumed losses include a noneconomic component of replacement services loss.

Notes of Decisions
Cited in 6 cases, 2003–2008 · leading case: Schneider v. Feinberg, 345 F.3d 135 (2d Cir. 2003).
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Schneider v. Feinberg, 345 F.3d 135 (2d Cir. 2003). “See 28 C.F.R. § 104.44 . The minimum presumptive award is $500,000 for a deceased victim with dependents or spouse, and $300,000 for a single deceased victim.”
Marchand v. Marchand, 2007 NMCA 138 (N.M. Ct. App. 2007). · cites it 4× “Additionally, 28 C.F.R. § 104.44 focuses on the determination of presumed non-economic losses for decedents.”
Colaio v. Feinberg, 262 F. Supp. 2d 273 (S.D.N.Y. 2003). “2 28 C.F.R. § 104.44 (2003). With respect to the “individual circumstances of the claimant,” a criterion provided by the Act for compensation awards, the Special Master was authorized to take into consideration “the financial needs or financial resources of the claimant or the…”
Marchand v. Marchand, 171 P.3d 309 (N.M. Ct. App. 2007). · cites it 4× “Additionally, 28 C.F.R. § 104.44 focuses on the determination of presumed non-economic losses for decedents.”
Marchand v. Marchand, 199 P.3d 281 (N.M. 2008). · cites it 2× “13, 2002); 28 C.F.R. § 104.44 (2008). The Special Master could deviate from such “presumed” non-economic loss amounts in extraordinary circumstances.”
In re the Est. of Gomez, 5 Misc. 3d 534 (N.Y. Sur. Ct. 2004). “In all cases, however, additional compensation was prescribed for what was called “non-economic loss” at an unvariable amount of $250,000 per victim and $100,000 for each dependent (28 CFR 104.44). As one commentator has observed, *537 “[T]he Special Master .”
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