Independent Assessment Process: Compensation within the Complex Track – Other Wrongful Acts without Actual Income Loss

The Complex Track applies to all claims of Other Wrongful Acts or Actual Income Loss.

This diagram shows the compensation process for claims of Other Wrongful Acts without claims of Actual Income Loss. Only claimants who do not claim Actual Income Loss can seek compensation for Loss of Opportunity.

The Complex Track includes steps that are not part of the Standard Track:

• The Complex Track applies the same standards of evidence that a court would apply in like matters.
• Claims in the Complex Track must be proven to have been caused by one or more events of abuse for which the IAP compensates.
• Expert assessments are required, unless the parties consent to proceed without them.

Here are the complex track steps:

1. Prove the act.
2. Find out if the act caused harm to the claimant.
3. Find out if there were factors that made the Act worse.
4. Find out if there was loss of opportunity as a result of the act
5. Decide if the claimant needs future care because of the act.

OTHER WRONGFUL ACTS:

• 5 to 25 points

PLUS

CONSEQUENTIAL HARMS

• Compensation is only awarded for Other Wrongful Acts if harms fall into at least one of the 3 highest levels (Level 3, 4, or 5).
• 11 to 25 points

PLUS

AGGRAVATING FACTORS

• 5 to 15% of act and harm points combined

PLUS

LOSS OF OPPORTUNITY

• 5 levels
• 1 to 25 points

EQUAL

COMPENSATION AWARD

• Points can total 16 to 83
• Awards can total $11,000 to $150,000

PLUS

FUTURE CARE

• Up to $15,000

PLUS

LEGAL FEES

• Additional 15% of award for paying legal fees