Hearings on the 35W bridge collapse claims are underway. Minneapolis attorney Susan Holden, head of the special master panel, said that 179 claims have been filed and 70 of those will be heard by the full panel. Nine claimants have waived hearings, leaving 100 cases to be heard among the three special masters, although a few claims have already been heard, Holden said. A school bus from Waite House community center with 52 children in it was on the bridge when it went down. Yesterday, Oct. 20, the panel heard testimony from the bus driver as well as the program director and youth coordinator from Waite House. “The purpose of the testimony was to set up the testimony of the kids and understand what happened,” Holden said. “It sets the context for the medical and post-traumatic stress claims.”
The hearing at the offices of Sieben, Grose, Von Holtum & Carey also provided a preview for lawyers of claimants. Holden said about eight lawyers attended the hearings. All the hearings will be concluded by the end of January and offers must be made by Feb. 28.
Showing posts with label 35W bridge collapse. Show all posts
Showing posts with label 35W bridge collapse. Show all posts
Tuesday, October 21, 2008
Tuesday, October 14, 2008
Bridge fund deadline looms
Tomorrow, Oct. 15, is the deadline for survivors of the I-35W bridge collapse to file claims with the State of Minnesota.
The state has established a $37 million fund to compensate survivors of the August 1, 2007 bridge collapse. The law established a special master panel to consider claims, make settlement offers and enter settlement agreements with survivors. The Special Master Panel of Chair Susan Holden, Steven Kirsch and Michael Tewksbury was appointed by Minnesota Supreme Court Chief Justice Russell Anderson on May 29.
The law authorizing this compensation process defines an eligible survivor as “a natural person who was present on the I-35W bridge at the time of the collapse.” A survivor also includes family members who survive a person who perished in the collapse or the legally recognized representative of a survivor, such as the parent or legal guardian of a survivor who is under 18 years of age, or a court appointed trustee authorized to bring a claim under Minnesota’s Wrongful Death Act, Minn. Stat. sec. 573.02.
The claim application forms required to submit a claim in this special compensation process are available, together with instructions, online at the website administered by the panel of Special Masters: www.BridgeCollapseClaims.com. If you are not able to access the claim forms on this website, you may contact us or call the Office of the Special Master Panel at (651) 485-1153.
The state has established a $37 million fund to compensate survivors of the August 1, 2007 bridge collapse. The law established a special master panel to consider claims, make settlement offers and enter settlement agreements with survivors. The Special Master Panel of Chair Susan Holden, Steven Kirsch and Michael Tewksbury was appointed by Minnesota Supreme Court Chief Justice Russell Anderson on May 29.
The law authorizing this compensation process defines an eligible survivor as “a natural person who was present on the I-35W bridge at the time of the collapse.” A survivor also includes family members who survive a person who perished in the collapse or the legally recognized representative of a survivor, such as the parent or legal guardian of a survivor who is under 18 years of age, or a court appointed trustee authorized to bring a claim under Minnesota’s Wrongful Death Act, Minn. Stat. sec. 573.02.
The claim application forms required to submit a claim in this special compensation process are available, together with instructions, online at the website administered by the panel of Special Masters: www.BridgeCollapseClaims.com. If you are not able to access the claim forms on this website, you may contact us or call the Office of the Special Master Panel at (651) 485-1153.
Wednesday, January 23, 2008
Plan could give bridge survivors a tough choice to make
Legislators are considering a new proposal to compensate survivors of the Interstate 35W bridge collapse, but discussion of the plan seems to point out the bind the disaster victims are in when it comes to recovery option.
Under the proposal, survivors would be paid out of a fund that would limit awards to no more than $400,000 per person. The putative purpose of the effort would be to pay victims for losses not covered by insurance or other sources, but in some cases, survivors could be worse off accepting the payment.
For one thing, federal law allows insurance companies to recoup their costs in many cases like these, which means part of whatever is paid out could get skimmed off the top by insurers before the intended recipient sees a nickel.
Also, while survivors could still sue private companies under the compensation plan, anyone who accepts money from a fund would sacrifice their right to sue the state.
Even if victims forewent a compensation offer, Minnesota law limits the state's liability to $300,000 per person and $1 million total for everyone who sues over a particular incident.
The state has already received notice of potential legal claims from almost 80 injured bridge victims and their family members. Families of six of those killed also had outlined plans to sue the state for compensation.
Even if most of those suits never ended up getting filed, the eventual terms of the new compensation proposal (one of two being discussed) should be interesting.
Under the proposal, survivors would be paid out of a fund that would limit awards to no more than $400,000 per person. The putative purpose of the effort would be to pay victims for losses not covered by insurance or other sources, but in some cases, survivors could be worse off accepting the payment.
For one thing, federal law allows insurance companies to recoup their costs in many cases like these, which means part of whatever is paid out could get skimmed off the top by insurers before the intended recipient sees a nickel.
Also, while survivors could still sue private companies under the compensation plan, anyone who accepts money from a fund would sacrifice their right to sue the state.
Even if victims forewent a compensation offer, Minnesota law limits the state's liability to $300,000 per person and $1 million total for everyone who sues over a particular incident.
The state has already received notice of potential legal claims from almost 80 injured bridge victims and their family members. Families of six of those killed also had outlined plans to sue the state for compensation.
Even if most of those suits never ended up getting filed, the eventual terms of the new compensation proposal (one of two being discussed) should be interesting.
Tuesday, January 22, 2008
Gray Plant on a witch hunt?
Minneapolis Star Tribune columnist Katherine Kersten has labeled the various investigations into the cause of the 35W bridge collapse a “witch hunt” and has now labeled the head witches: Gray Plant Mooty. The Minneapolis law firm has been hired by the Legislature to consult on the Legislature’s investigation of the bridge collapse. The firm’s team on the project is apparently headed by Robert Stein, so I guess that would make it a warlock hunt.
Kersten’s column on Jan. 21 attacks the firm’s impartiality in the investigation, noting that Gray Plan also lobbies for the I-35W Solutions Alliance, which is interested in the highway’s maintenance and expansion.
“How impartial are these guys?” the ever-impartial Kersten wonders.
I have called Gray Plant to ask them myself how impartial they are. I’ll report back when and if I hear anything.
Kersten’s column on Jan. 21 attacks the firm’s impartiality in the investigation, noting that Gray Plan also lobbies for the I-35W Solutions Alliance, which is interested in the highway’s maintenance and expansion.
“How impartial are these guys?” the ever-impartial Kersten wonders.
I have called Gray Plant to ask them myself how impartial they are. I’ll report back when and if I hear anything.
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