The VCF functions similar to the Social Security Administration, in that part of the annual U.S. federal budget is set aside for the specific purpose of paying out victims, although this process is heavily regulated.
A non-negotiable clause in the acceptance papers for the settlements was that the families were to never file suit against the airlines for any lack of security or otherwise unsafe procedures.
Families of these victims felt the compensation offers were too low, and, had a court considered their case on an individual basis, they would have been awarded much higher amounts.
This concern had to be balanced against the time, complications, and risks of pursuing an individual case, and the real possibility that the airlines and their insurers could be bankrupted before being able to pay the claim.
In his book titled What is Life Worth?,[6] Feinberg described the eight-part plan which was applied to approaching the September 11th Victim Compensation Fund (see Publications section below).
(ii) To support and follow the unprecedented law of Congress for the proportional compensation of victims based on estimated loss from future earnings as a key legislated criterion.
(viii) Lawsuits were to be discouraged as contrary to the spirit of an enacted Law of Congress legislated to expedite the claim process of victims of September 11th.