Independent Assessment Process: Compensation within the Standard Track
The Standard Track was created by the Settlement Agreement to cover the compensation procedures for most claims. To be compensated in this track, the claimant must prove the abuse and the harms on the balance of probabilities. Then the claimant must show that the proven harms were plausibly linked to the proven abuse.
Here are the standard track steps:
- Prove the act.
- Find out if there were factors that made the act worse.
- Find out if there was loss of opportunity resulting from the act.
- Decide if the claimant needs future care because of the act.
ACTS PROVEN
- Points awarded for most serious proven level of abuse
- Sexual abuse:
- Physical abuse:
PLUS
CONSEQUENTIAL HARMS
PLUS
AGGRAVATING FACTORS
- 5 to 15% of act and harm points combined
PLUS
LOSS OF OPPORTUNITY
EQUAL
COMPENSATION AWARD
- Points can total 5 to 123
- Awards can total $5,000 to $275,000
PLUS
FUTURE CARE
PLUS
LEGAL FEES
- Additional 15% of award for paying legal fees