What is the Justice Against Sponsors of Terrorism Act (JASTA), and how could it impact you and your family? This is a law that was hotly contested and actually became law through the Senate’s decision to override a veto by President Barack Obama. The law states that its aims are “to deter terrorism, provide justice for victims, and for other purposes.” Its purposes, according to the statutory language, is “to provide civil litigants with the broadest possible basis, consistent with the Constitution of the United States, to seek relief against persons, entities, and foreign countries, wherever acting and wherever they may be found, that have provided materials support, directly or indirectly, to foreign organizations or persons that engage in terrorist activities against the United States.”
In short, the law allows victims of 9/11 and their families to file claims against other entities within a U.S. court, including other nations outside the U.S., that may have provided some form of support to terrorists who engaged in attacks against our country. It is important to understand the key tenets of the act and how this law may help you to seek compensation for your losses. If you have questions, a September 11 victims’ compensation attorney at the law offices of Napoli Shkolnik PLLC can help.
At the law offices of Napoli Shkolnik PLLC, we are dedicated to providing experienced advocacy to families impacted by 9/11. Why should a law providing 9/11 victims and their families the right to sue those who may have been responsible for deadly terror attacks something that is not agreed upon by all lawmakers? What could be wrong with providing justice for 9/11 families, as the bill proposed to do?
In short, in President Obama’s veto, he explained that the law essentially overturned the rule of sovereign immunity when there are terrorist attacks that take place within the United States, according to an article in The Atlantic. As that article explains, “by overturning sovereign immunity even for terrorist attacks on U.S. soil, Congress could be exposing U.S. personnel to lawsuits and other legal action all across the globe.” In practice, the U.S. government currently is able to “exempt a country from sovereign immunity by having the State Department designate it as a state sponsor of terrorism.” Such an exemption could allow that nation to be liable for injuries resulting from terrorism.
However, the U.S. has not exempted Saudi Arabia, and as such, the JASTA could allow U.S. citizens to file claims, within U.S. courts, against Saudi Arabia. Those opposed to the law have voiced concerns that such lawsuits could “put U.S. forces at risk abroad.”
While the JASTA has been complicated in terms of its underlying politics, there is one important piece of information for 9/11 victims to keep in mind: the law allows 9/11 victims to file lawsuits in order to seek compensation for their losses.
How do you know if you are eligible to file a claim? The law sets forth elements that must be met in order for you to be able to file a lawsuit, including:
- You must be a U.S. national;
- You must have suffered an injury as a result of international terrorism (e.g., damage to property, physical injury, or the loss of a loved one);
- Act of international terrorism must have occurred within the U.S.;
- Defendant must have knowingly provided substantial assistance to or conspired with the person or entity who committed the act of international terrorism; and
- Act of international terrorism must have occurred on or after September 11, 2001.
If you or someone you love suffered harms as a result of the terrorist attacks on September 11, 2001, you may be able to file a claim for compensation under the Justice Against Sponsors of Terrorism Act. An experienced World Trade Center victim compensation attorney can assist with your case.
