Adults who were abused as children had the opportunity to seek compensation through the New Jersey Catholic Church prior to the fund closing on Jan. 31, 2020. Those seeking compensation from any such fund should be aware of the specific requirements in order to qualify for the compensation fund, as well as the possibility of giving up their right to file a future legal claim.

The New Jersey Catholic Church compensation fund was created to settle as many claims as possible outside of court for those victims who wanted to avoid the time commitment and other aspects of filing more traditional litigation. Anyone who experienced sexual abuse at the hands of a priest or other church representative, even if the incidents in question occurred decades ago, may have had a claim to file against a New Jersey diocese.

What Sparked the New Jersey Catholic Church Compensation Fund?

In recent months and years, more and more Catholic church organizations have begun funding compensation programs for past sex abuse within its ranks. The current wave of response was sparked largely by a groundbreaking Pennsylvania grand jury investigation and report.

The report dove into allegations of decades of abuse committed by more than 300 priests within the state, and the abuse of more than 1,000 children in their care. The results of the Pennsylvania grand jury—which included the names of the accused priests—sparked the release of similar lists from diocese across the country, as well as the formation of compensation funds for the victims in a number of states.

Some states, including New Jersey, began working to amend their sexual assault laws so that fewer survivors will be barred from filing legal claims. New Jersey lawmakers recently passed a law that expands the statute of limitations for filing sexual assault claims against both individuals and institutions.

What Dioceses Were Included in the New Jersey Sex Abuse Compensation Fund?

The statewide program included all five Roman Catholic dioceses of Camden, Trenton, Patterson, Metuchen and Newark. Claims related to all five of these dioceses were managed under a common protocol.

Do I Give Up My Right to Litigation in the Compensation Fund?

All New Jersey Catholic Church sex abuse compensation fund payments came from church funds rather than public money. The program was promoted as an alternative to litigation with a more transparent and speedy process to resolve their claims, as well as a lower level of proof and cooperation than would be required in a court of law.

However, victims who recovered compensation also gave up their right to pursue additional litigation. Before claiming compensation from this kind of a compensation fund, it may be a good idea for victims to first consult with an attorney to determine whether or not agreeing to such a waiver is in their best interests.

What Were the Features of the Compensation Program?

Two administrators determined eligibility and amount of compensation, and no individual was required to participate.

According to nj.com, fund administrators reviewed every case involving alleged sexual abuse carried out by a member of the New Jersey Catholic Church. In cases in which merit was determined, a settlement offer was made. The alleged victim was able to reject or accept the settlement at that point in time and the settlement was paid out by the diocese in which the accused priest previously served.

The individual who accepted an amount from the New Jersey Catholic Church sex abuse payment program then had to agree not to engage in any future litigation over the same allegations. Priority was given to those claimants who had already submitted a complaint to church officials about sexual abuse.

When Did I Need to Submit My Claim?

The New Jersey Catholic Church sex abuse compensation fund is now closed. Claims through the fund must have been submitted no later than Jan. 31, 2020, extended from Dec. 31, 2019.

Was There a Cap on Compensation for Victims?

There was no specified cap on the amount of compensation per individual victim. A similar program in New York made payments as large as $500,000. According to NBC, the Philadelphia archdiocese has paid out over $7 million to 85 different victims.

The program was authorized to pay out more than $11 million in settlements to 69 New Jersey victims whose cases had been deemed eligible as of Jan. 30, 2020. Individual settlement amounts have not been made public.

Am I Eligible to Submit a Claim?

While the New Jersey Catholic Church compensation fund is now closed, you may still be eligible to pursue litigation. Those who have experienced childhood sexual abuse—even if that abuse happened years ago—may be eligible for other compensation funds or for litigation.

Survivors who want to consider their options with a compensation fund like the New Jersey Catholic Church compensation fund are encouraged to check in with a knowledgeable attorney first. Top Class Actions has laid the groundwork for you by connecting you with experienced sexual abuse lawyers. An attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.

Filing a lawsuit cannot undo the pain and suffering caused by childhood abuse and trauma, but it can at least help to provide monetary compensation, as well as hold those responsible for your pain accountable for their actions and inactions.

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