UPDATE:

• The New Jersey Sexual Abuse Survivor Law went into effect Dec. 1, 2019.
• This law opened a two-year window for sexual abuse survivors to file lawsuits, regardless of when the abuse took place. This window closed on Nov. 30, 2021.
• Read more here

The Catholic Church sexual abuse scandal has become widely talked about in the last few years, with light finally shining on events hidden for decades.

Many children who suffered from sexual abuse at the hands of priests and church leaders they should have been able to trust are now adults and are coming forward with their stories.

In many states, investigations have been or are being conducted within the church to find evidence of child sexual abuse and the cover-ups that have allowed these stories to remain untold — and the abuse to continue.

Recently, the Catholic dioceses of New Jersey announced a compensation fund for survivors of abuse at the hands of clergy. Below are answers to some questions potential claimants may have before they seek compensation from the New Jersey Catholic compensation fund for abuse survivors.

What Is the New Jersey Catholic Compensation Fund?

In February 2019, the five Roman Catholic dioceses of New Jersey announced a compensation fund meant for survivors of sexual abuse by members of the clergy, according to NJ.com.

The fund — called the Independent Victim Compensation Fund, one of several of its kind that have been introduced across the country to deal with the Catholic sexual abuse scandal—began accepting claims on June 15, 2019.

Payouts from the fund will vary based on several factors, such as the age of the survivor at the time of the abuse, the type of abuse, and the effect of the abuse on the life of the survivor, among others.

Do You Need a Lawyer to Participate in the New Jersey Catholic Compensation Fund?

The short answer is no, but checking in with a lawyer can be a big help.

Making a claim will have significant effects on survivors’ legal rights, as it requires them to agree not to sue the Catholic Church.

A lawyer can help survivors decide if accepting a claim from the fund is the right choice for them. For those who decide to make a claim, their lawyer can help them navigate the claim process and get the compensation they’re due.

What Are the Advantages and Disadvantages of Accepting Money from the Fund?

While those who accept money from the compensation fund will have to sign a release form agreeing not to sue the diocese, no confidentiality clause was included. This allowed survivors to speak out about the fund, compensation, and their abuse.

Survivors originally had until Dec. 31, 2019, to submit claims for participation in the fund. However, this was extended to Jan. 31, 2020, to allow more people to file claims.

The highest payment from a similar compensation fund was for $500,000 in New York.

By contrast, pursuing litigation instead of accepting money from a compensation fund may result in a much higher payout. For example, a lawsuit filed by four men against the Diocese of Brooklyn resulted in a settlement of $27.5 million, NBC News reported.

“The program provides victims with an attractive alternative to litigation, providing victims a speedy and transparent process to resolve their claims with a significantly lower level of proof and corroboration than required in a court of law,” fund administrators Kenneth Feinberg and Camille Biros said in a joint statement, according to NorthJersey.com. Feinberg and Biros are known for their experience running similar compensation funds.

As of now, New Jersey law allows adults only two years to sue after realizing they were harmed by sexual abuse. While this may make compensation from the fund appear to be the best way forward for some, it’s also important to keep in mind New Jersey lawmakers have proposed a bill to eliminate the statute of limitations for child sex abuse survivors.

What Is the New Jersey Sexual Abuse Survivor Law?

The New Jersey Sexual Abuse Survivor Law, which went into effect in December 2019, gives adult survivors of childhood sexual abuse have either until they turn 55 or seven years from the time they became aware their trauma is linked to financial harm to pursue civil action against their alleged abuser, according to the New Jersey Coalition Against Sexual Assault.

The law also opened a two-year window for survivors of child sexual abuse to file lawsuits regardless of when the alleged abuse happened. This window closed on Nov. 30, 2021. New Jersey is one of several states to have created this kind of lookback window with its updated sexual assault laws. Others with similar windows include New York and California.

Why Are There Conflicting Numbers of New Jersey’s Alleged Abusers?

A May 2019 report listed 311 priests, deacons, nuns, and other members of the five New Jersey Roman Catholic dioceses who have been accused of sexual misconduct. The report includes members of religious orders that do not fall under the authority of the Catholic bishops in New Jersey.

Survivors of abuse at the hands of these non-diocesan priests do not qualify for compensation from the fund.

The report was brought about after a sexual abuse victim filed a filed a lawsuit against the New Jersey diocese and the New Jersey Catholic Conference alleging the church was responsible for creating a “public hazard” by not naming every single clergy member in New Jersey who had been accused of sexual misconduct against children, NJ.com reported.

Plaintiff Edward H., a freelance journalist, wrote an article describing his abuse in the 1980s by Rev. Gerard Sudol of Our Lady of Czestochowa Catholic Church in Jersey City, New Jersey. Edward wrote the column after he read the Pennsylvania grand jury report on widespread child sexual abuse.

Sudol purportedly resigned as a priest after learning of Edward’s allegations.

Can You File a New Jersey Catholic Church Sex Abuse Lawsuit?

If you or a loved one has suffered from sex abuse by a priest in the Roman Catholic dioceses of New Jersey, know that you are not alone and that legal help is available.

An experienced attorney can help you determine if pursuing litigation or pursuing compensation from the fund is the better move for you.

Filing a lawsuit can be a daunting prospect, so Top Class Actions has laid the groundwork for you by connecting you with an experienced attorney. Consulting an attorney can help you determine if your best option is to seek money from the compensation fund or to pursue litigation, navigate the complexities of application or litigation, and maximize your potential compensation.

This article is not legal advice. It is presented
for informational purposes only.