City Settles All But 9 Police Trade Center Injury Suits

By Caroline McDonald

NU Online News Service, May 25, 4:03 p.m. EDT?Of 1,700 injury claims by New York police and firefighters related to the collapse of the World Trade Center, only nine remain as active lawsuits, the city said yesterday.[@@]

Under New York law, a "notice of claim" is a prerequisite to a lawsuit against a municipality and must be filed within 90 days after a claim arises. Notices are generally filed to preserve a legal right but a suit may not necessarily follow, said Kate O'Brien Ahlers, communications director for the New York City Law Department.

Loretta L. Worters, vice president, communications, for the Insurance Information Institute in New York, said that to be eligible, police or firefighters have to have had some injury or been admitted to a hospital within 72 hours of receiving an injury. The fact that they inhaled smoke is not a criterion, she noted.

Ms. Ahlers said in an e-mail that at one point 1,500 of the initial 1,700 claimants had filed suit, but all but nine of those actions were withdrawn. According to Ms. Ahlers, no firefighters and only nine police officers currently have lawsuits against the city for exposure-related claims. None of the claims are for cancer.

Most of the claims were withdrawn, according to Ms. Ahlers, so that the police officer or firefighter could seek relief from the federal Victim Compensation Fund. Others dropped their claims and did not seek compensation from the Fund.

Ms. Ahlers issued her statement following what she said was an incorrect report in the New York Daily News to the effect that 1,700 lawsuits had been filed against the city.

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