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Do Boy Scout Abuse Claimants Have to Go to Court?

October 6, 2020  ·  By HM&M


As thousands of sexual abuse survivors file claims against the Boy Scouts of America, victims may struggle to come to terms with even the thought of coming forward. This is normal.

As a victim of childhood sexual abuse, you’ve been forced to relive painful memories from your past that likely impacted you as a person. Up until now, you may have kept the abuse a secret out of fear of judgment.

You may also fear filing a claim means going to court and lowering your chances of confidentiality.

As an advocate for over 3,400 Boy Scout abuse survivors, we’re here to help you navigate the process of filing a proof of claims form.

We believe in protecting your privacy, while ensuring your voice is heard.

For more information about the filing process, plus answers to common questions like whether you have to go to court, continue reading below.

Will I have to go to court?

Once the November 16, 2020 deadline passes, the United States Bankruptcy Court for the District of Delaware will determine the legal merit of each individual claim.

Since this isn’t a class action lawsuit, it’s very unlikely that a court hearing will ever happen. It’s also unlikely that you will have to give a deposition or in-person statement to the lawyers for the Boy Scouts. Instead, the Court will eventually approve a process whereby a neutral third-party reviews each claim form and decides whether to award compensation to a claimant. This is based on several factors, including the information presented in each victim’s claim form. The Court’s representative will decide whether, and how much, compensation to award each victim who files a claim by the November 16, 2020, claims deadline.

It’s important to note that the Court has not yet approved a process for allocating the available funds via the Victim Compensation Trust.

Will my name be publicized?

No, your identity is private from the public. Sexual abuse survivors are encouraged to file a proof of claims form under the confidential protocol made available by the Boy Scouts of America.

The form lists the various committees and councils involved in the bankruptcy proceedings that are permitted to review the information for accuracy. Otherwise, the information you provide is deemed confidential unless you choose to disclose it.

Will I receive compensation?

Once the approval process takes place for available funds, victims may receive compensation based on the strength of the claim and other factors determined by the Bankruptcy Court. It’s hard to say just how much money Boy Scout victims will receive, and any attorney that gives you a finite number is not being candid about the process.

At a high level, the attorney’s job is to maximize the amount of money available to victims nationwide from BSA, it’s insurers, and it’s local councils, so you receive compensation in a fair and equitable manner. Not only does this hold BSA accountable for its actions, but it also allows you to financially and emotionally recover from the losses you’ve faced, which helps victims start fresh when it comes to careers, relationships, and more.

Contact Us to File a Claim Against the Boy Scouts of America

If you have not yet scheduled a consultation to file a sexual abuse claim against the BSA, you must act fast. We understand taking action isn’t easy, but the sooner you can come forward, the better.

When you’re ready, feel free to contact us. Your consultation is absolutely free. It’s only after we secure a settlement for you that we receive any form of compensation.

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