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

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

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

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 in the Complex Track, 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 harms to the claimant.
3. Find out if there were factors that made the act worse.
4. Find out if the act directly caused Actual Income Loss.
5. Decide if the claimant will need future care because of the act.

ACTS PROVEN

• Points awarded for most serious proven level of abuse
• Sexual abuse:
  • 5 levels
  • 5 to 60 points
• Physical abuse:
  • 11-25 points
• Other Wrongful Acts:
  • 5 to 25 points

PLUS

CONSEQUENTIAL HARMS

• Sexual and Physical Abuse:
  • 5 Harm levels
  • 1 to 25 points
• OWA:
  • 3 Harm levels
  • 11 to 25 points

PLUS

AGGRAVATING FACTORS

• 5 to 15% of act and harm points combined

EQUAL

COMPENSATION AWARD

• Points can total 5 to 98
• Awards can total $5,000 to $180,000

PLUS

ACTUAL INCOME LOSS

• Up to $250,000

PLUS

FUTURE CARE

• Up to $15,000

PLUS

LEGAL FEES

• Additional 15% of award for paying legal fees