Who is eligible for the Recovery Fund?
Any customer present at the Valley Stream Wal-Mart Store on the morning of November 28, 2008 between 2:30a.m. and 6:00a.m. who suffered injuries or property damage as a result of the crowd-related events that occurred that morning may be eligible to receive payments for out-of-pocket losses or other damages.
(For more information, see Non-Prosecution Settlement Agreement ("Settlement Agreement") paragraphs 10, 13.c)
What types of awards are available?
If your claim is timely submitted and approved, you may be eligible for either:
a. "Out of Pocket" Losses: You may be awarded payments for "out of pocket" losses, if you had non-reimbursed expenses or monetary losses actually incurred as a result of the crowd-related events at the Valley Stream Wal-Mart on November 28, 2008. These include medical expenses, lost wages and the cost of repair or replacement of damaged property. If you have an expense or loss related to your claim and are not sure if it qualifies as an “out-of-pocket" loss, please call 516.870.2813.
b. Compensation for Injuries: You may be awarded compensation for injuries, including pain and suffering, directly resulting from the crowd-related events at the Valley Stream Wal-Mart on November 28, 2008.
Please note that attorney’s fees, legal costs and/or legal expenses will not be reimbursed by the Recovery Fund.
(For more information, see Settlement Agreement paragraph 10)
How do I file a claim?
You must submit a completed, signed and notarized Affidavit, together with supporting documentation to the NCDA Claims Representative. All claims must be submitted or postmarked by June 20, 2009. You may complete and submit your claim in three ways:
a.By Mail:
You may print the Claimant's Affidavit from the Nassau County District Attorney’s web site (www.ncdarecoveryfund.com or www.nassauda.org), and mail the completed, signed and notarized Affidavit, together with the required documentation, to the following address:
Kathryn Roberts
NCDA Claims Representative
Nassau County District Attorney’s Office
272 Old Country Road
Mineola, New York 11501
b.Walk-In:
The NCDA Claims Representative will be available to process claims between 10a.m. and 3p.m. Monday – Friday. You may also process your claims in the evenings and on weekends by appointment only.
c.By Appointment (evenings and weekends):
Monday- Friday:5p.m.-9p.m.
Saturday:10a.m.-3p.m.
Telephone: Call NCDA Kathryn Roberts at 516.870.2813 to schedule an appointment for a weeknight or weekend appointment.
Email: you can schedule an appointment via email at recoveryfund@nassauda.org.
(For more information, see Settlement Agreement paragraphs 13, 14.b, 14.c.)
Can I put a claim in for my child?
Yes. If you wish to submit a claim for your child please contact the NCDA Claims Representative for further details.
Can I put a claim in for another person?
You may file a claim on behalf of another person if the actual claimant has personally completed the Claimant's Affidavit and the Affidavit has been notarized. Access to the actual claimant, via telephone, must be available to the NCDA Claims Representative should there be any additional questions during the processing of the claim. In order to receive any payments from the Recovery Fund, the actual claimant must also sign the General Release and have the General Release notarized.
Do you have to be a legal resident or citizen to file a claim?
No. The only requirement for filing a claim is that you were present at the Valley Stream Wal-Mart Store on the morning of November 28, 2008 between 2:30a.m. and 6:00a.m. and, as a result of the crowd-related events that occurred that morning, you suffered personal injuries or property damage. No questions about immigration status will be asked when filing a claim.
What if I cannot print out the forms?
The NCDA’s office will have copies of all the necessary forms which you can retrieve during office hours (M-F 10a.m. -3p.m.) or you can make an appointment to retrieve them in the evenings (M-F 5p.m.-9p.m.) or on Saturdays ( 10a.m.-3p.m.).
What if I need help completing the paperwork?
The NCDA’s Office may assist you when completing the paperwork. Office hours are the following:
Monday-Friday10a.m.-3p.m.
Evenings and Saturdays by appointment only:
Monday-Friday5p.m.-9p.m.
Saturday10a.m.-3p.m.
For an appointment call NCDA Claims Representative Kathryn Roberts
at 516.870.2813 to schedule a weeknight or weekend appointment. Or you can schedule an appointment via email: recoveryfund@nassauda.org
What if I don’t speak English?
Spanish translators will be available at all times at the NCDA's Office to assist Spanish-speaking claimants. For any other language, please call and make an appointment so NCDA can arrange to have a translator present. For an appointment call NCDA Claims Representative Kathryn Roberts at 516.870.2813 to schedule a weeknight or weekend appointment. You can also schedule an appointment via email: recoveryfund@nassauda.org
What if I do not have access to a notary?
If you do not have access to a notary public, bring your forms, along with photo-identification, to the Nassau County District Attorney’s office and we will notarize all Recovery Fund paperwork free of charge.
Please note that if forms are being notarized in a foreign country, a consular certificate must be attached to each of the notarized documents.
What if I do not get my claim submitted by June 20, 2009?
In order for claims to be processed they must be received or postmarked NO LATER than June 20, 2009. Any claims postmarked or submitted after June 20, 2009 will not be processed and you will not be eligible for ANY award.
(For more information, see Settlement Agreement paragraph 14.c.)
What if I am not happy with the payment being offered?
If you are not happy with the award being offered, you may reject it. The Recovery Fund process is a completely voluntary alternative to civil litigation and is meant to provide a swift, inexpensive alternative to the significant risk, expense, and delay inherent in civil litigation. If you choose to accept any payment from the Recovery Fund, you must sign a General Release. However, no claimant will be asked to sign a General Release until being given notice of the actual dollar amount he or she will be awarded. If you are not happy with the proposed award, you may pursue your claims in court just as you would if the Recovery Fund did not exist. There is no penalty or punishment for choosing not to process your claim through the Recovery Fund.
(For more information, see Settlement Agreement paragraph 12)
Do I need to hire an attorney to process a claim?
Your claim can be processed with or without an attorney. However, attorney expenses and fees will not be reimbursed under the Recovery Fund.
(For more information, see Settlement Agreement paragraph 10)
When will I get paid?
If you qualify for an award, agree to the award, and sign a General Release, your award will be sent to you approximately two weeks after receipt of the signed and notarized General Release.
Who will get to see the Claimant's Affidavit and supporting documents that I submit?
All documents and information submitted or collected will be treated as confidential and for settlement purposes only and will not be shared with third parties. Only the Nassau County District Attorney's Office and Wal-Mart will have access to the documents submitted unless a court orders that the documents be released to a third party.
(For more information, see Settlement Agreement paragraphs 14.e, 17)
If my claim is denied, what else can I do?
If your claim is not submitted on time or otherwise denied, you are still free to pursue any legal remedies in court.
