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e-CFR data is current as of December 2, 2020

Title 28Chapter IPart 104Subpart D → §104.46


Title 28: Judicial Administration
PART 104—SEPTEMBER 11TH VICTIM COMPENSATION FUND
Subpart D—Amount of Compensation for Eligible Claimants


§104.46   Determination of presumed noneconomic losses for injured claimants

The Special Master may determine the presumed noneconomic losses for claimants who suffered physical harm (but did not die) by relying upon the noneconomic losses described in §104.44 and adjusting the losses based upon the extent of the victim's physical harm. The presumed noneconomic loss for a claim based on any single type of cancer shall not exceed $250,000 and the presumed noneconomic loss for a claim based on any single type of non-cancer condition shall not exceed $90,000. Such presumed losses include any noneconomic component of replacement services loss. The Special Master has discretion to consider the effect of multiple cancer conditions or multiple cancer and non-cancer conditions in computing the total noneconomic loss.

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