• Aftermath Of The Boston Marathon Bombing Will Extend Beyond Emotional And Physical Trauma
  • April 29, 2013 | Author: Bernard F. Walsh
  • Law Firm: Shapiro, Goldman, Babboni & Walsh - Bradenton Office
  • While the nation has grieved and expressed our outrage and pain over the Boston Marathon bombings life goes on for most. As the news coverage begins to fade into the next round of hot topics, the victims troubles are far from over, and the full extent of the damage done to their lives may not become apparent for some time.

    The emotional and physical effects of this abhorrent terrorist act are easy to recognize, but many damages and problems are more complex and harder to define. Even who is defined as a victim has many levels with this tragedy. Obviously those who have lost their lives, been injured or had family members damaged either physically or physiologically by the blasts are victims. But it does not end there; business were destroyed,  our sense of security has once again been shaken and ultimately those responsible for the safety and financial well-being of others may be held accountable.

    While it certainly feels profoundly insensitive to discuss the financial impact and legal liability after a national tragedy these are the kinds of tough issues, our courts will be forced to decide on in the post 9-11 era.

    Once the full financial impact of having a family member or head of household seriously injured, disabled or killed, has become apparent, the victims and their families will be forced to take legal actions to get financial compensation simply to pay their bills and  try their best to cope with their new reality.

    After these civil suites have been presented to courts, juries may question why it is, hotels for example, increased their nightly rates dramatically for the event, but failed to increase the level of security. Those of us who have the honor to represent the injured will know it is the responsibility of the business owner, property owner or event organizers to ensure the safety of those attending an event, patronizing a business or staying overnight. Things may become more complex with the Boston Marathon bombing as the scope of damage extends well outside many of the private businesses into public spaces, reserved for the event. How will juries determine who is a victim, the extent of who is liable? Many parties are involved from attendees, athletes, business owners, employees, city and state officials and law enforcement.

    Insurers are attempting to speed the process of resolving claims by direction those with complaints to a special fund called the One Fund Boston.  Opinions are already forming along these lines with a former lawyer who represented World Trade Center illness victims stating “The most important thing for the victims of these kinds of tragedies is a quick solution, even if that means surrendering the right to sue others for even more compensation later. ”  So families and victims will be forced to make a choice between  a possible less-lengthy road to compensation via the One Fund Boston, and risk loosing adequate compensation, or hiring their own law firms and pursuing their own complaints risking a long and drawn out court battle. Not pleasant things to consider if you have already been injured or maimed by forces outside your control.

    While at this early stage it remains unclear how the victims of the Boston Marathon Bombing will be compensated, one thing is certain; the arguments of who qualifies as a victim, what they are owed and who has to pay the compensation have just begun and are sure to continue for many months and even years, and those involved with this tragic event will be forced to deal with it's consequences for some time.