Yes, if you participate in a lawsuit under JASTA, you can still file a VCF claim. See Section 405(c)(3)(C)(i), Zadroga Act, as amended (49 U.S.C. § 40101 note). Any compensation awarded by the court in the lawsuit or obtained in a settlement of litigation will be treated as an offset and deducted from your VCF award.
Please remember that you must inform the VCF of any new collateral source payments you receive, or become entitled to receive, after your claim has been filed – including after any award has been determined or paid – until the VCF closes on October 1, 2090. You should report any new collateral source payments using this form.