In today’s global climate, the possibility of becoming a victim of terrorism is no longer far-fetched. In fact, the threat of terrorism has now become a full-fledged concern for everyone; whether they travel abroad or not. These acts of violence typically have massive life-changing effects on victims and their families. While it is apparent that terrorism is a feature of life today, the path to compensation for pain and suffering is not always clear cut for victims or their loved ones. Many victims wonder if it is even possible to expect to receive any type of compensation after such an event. Victims can file terrorism related personal injury claims.
The response to that concern is “yes” there is help and legal recourse for victims and their families of a terrorist attack. As it is with any personal injury case, the type of compensation is dependent on the circumstances of the attack and the level of injuries sustained. However, acts of terrorism can occur in various ways such as by shootings, vehicular ramming, bombings, hijacking, kidnapping, use of sonic weapons, chemical and biological attack. Injuries caused by these types of attacks create additional levels of complexities for getting assistance or pursuing legal avenues for relief of pain and suffering or wrongful death. As such, it is advisable to have legal support to help compile, prepare and present the appropriate documentation necessary to prove eligibility for assistance or to file a claim for damages.
Following acts of terrorism on Americans such as the bombing of Pan Am Flight 103 and the 9/11 attack, lawmakers has been crafting civil legal remedies and programs for victims such as The Office for Victims of Crime (OVC) and Antiterrorism and Emergency Assistance Program (AEAP). While these offer various funding streams to provide immediate and ongoing relief for victims of terrorism, applicants must show in a timely manner that they qualify for such assistance.
Additionally, the Anti-Terrorism Act (ATA) allows U.S. citizens who suffer injuries in person, property or business as a result of an act of international terrorism or their surviving family members to seek damages through the United States District Court system. Through ATA they can seek compensation for such as:
- Medical bills
- Funeral or burial expenses
- Loss of income
- Loss of a loved one’s services, society and support
- Emotional and physical pain and suffering
- Recovery of legal costs and attorney’s fees.
It is also important to note that several courts have also allowed claims under the ATA law against those who finance or provide material support to terrorists such as banks, non-profit organizations and other private enterprises. The Justice Against Sponsors of Terrorism Act (JASTA) is a recent law passed by the United States Congress that authorizes federal courts to exercise personal jurisdiction over any foreign state for acts of international terrorism against a U.S. national or property regardless of whether the state is designated as a sponsor of terrorism or not. This in essence, narrows the scope of foreign sovereign immunity.
Although this law was initially designed to provide victims of the 9/11 attacks and their families a legal recourse against a foreign government, the law can be adapted to other acts of terrorism sponsored by a foreign country that occur on U.S. soil.
Fighting terrorism on any level can be daunting. And, with the increase of terrorist attacks, this area of personal injury law is constantly expanding as new laws are enacted or existing ones amended. Experienced personal injury attorneys understand that working with victims of mass violence requires compassion, expertise and an integral understanding of the various avenues for recovery.
If you’ve been injured or lost a loved one in a terrorist attack, there are procedures in place to help you get the support you need to claim compensation. To learn more about getting compensation for a permanent injury or tragic wrongful death of a loved one, please contact Lytal, Reiter, Smith, Ivey & Fronrath at 561) 655-1990 or visit our website at foryourrights.com.
Personal Injury Attorneys in West Palm Beach
About Lytal, Reiter, Smith, Ivey & Fronrath
Conveniently located in West Palm Beach for 27 years, Lytal, Reiter, Smith, Ivey & Fronrath, LLP concentrates in Personal Injury, Wrongful death, Medical Malpractice, Product Liability and Auto accidents. At Lytal, Reiter, Smith, Ivey & Fronrath, we specialize in helping victims and their families get fair compensation for injuries caused by the negligence or recklessness of others. Our main areas of practice include personal injury, wrongful death, auto accidents, product liability, medical malpractice, and premise liability. We provide each client with the highest quality representation from a top Florida accident and injury lawyer.
Sources:
- https://www.ovc.gov/publications/infores/terrorism/welcome.html
Lytal, Reiter, Smith, Ivey & Fronrath
515 N Flagler Dr, 10th Floor
West Palm Beach
Florida, FL 33401
(561) 655-1990
www.foryourrights.com
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