Here’s what abuse survivors need to know
Abuse survivors have until 5 p.m. Nov. 16 to file a claim against the Boy Scouts of America to be eligible for compensation through the organization’s bankruptcy proceedings. If you’ve experienced abuse as a member of the Boy Scouts, here’s what you need to know:
Question: Should I file a claim? Answer: Anyone who has experienced victimization or abuse within the Boy Scouts of America should file a claim before the deadline, regardless of the type of abuse or when it occurred.
Those who are instructed to file a claim include but are not limited to survivors who have:
❚ Filed lawsuits or claims against the Boy Scouts.
❚ Called the Scouts First Hotline or otherwise reported a claim of abuse.
❚ Never filed a lawsuit, entered a settlement or reported their abuse.
❚ Received settlement agreements but believe they have additional claims against the Boy Scouts.
❚ Experienced abuse, even if the claim is barred under statutes of limitations.
They must fill out the Sexual Abuse Survivor Proof of Claim form. Those who experienced other types of abuse, including physical abuse, emotional abuse, bullying or hazing, must file a General Proof of Claim.
Attorney Paul Mones, who represents about 400 people who claim they were abused in the Scouts, said it’s important to remember that abuse is not limited to experiences between a scoutmaster and a Scout. Abuse can be between two Scouts, or committed by assistant scoutmasters, camp employees, camp directors, instructors or other volunteers.
Those cases would be eligible, as would incidents involving the Explorer and Venturing programs, Sea Scouting and Cub Scouts.
Q: Is there any harm in filing a claim?
A: No, but some claims may be denied based on legal merit.
Q: What is the point of a claims form? What does it look like?
A: The forms are designed to help the counsel and court determine the legal merit of the claims. They require basic personal information, including contact and employment information. They include a series of questions about when, where and how the abuse occurred.
Survivors should answer the questions to the best of their abilities.
Q: What if I can’t remember all the details?
A: You should still file a claim and include any details you can recall if you believe you were abused in the Scouts or one of the affiliated programs.
Q: How do I access a claims form? A: The Sexual Abuse Survivor Proof of Claim will be available electronically at www.OfficialBSAClaims.com. General Proof of Claims forms will be available at www.omniagentsolutions.com /bsaclaims.
They can be filed online or by mail to:
BSA Claims Processing c/o Omni Agent Solutions
5955 De Soto Ave., Suite 100 Woodland Hills, CA 91367
Q: Do I need a lawyer?
A: No. Anyone can file a claim. Victims’ attorneys suggest consulting a lawyer if you need or want help understanding the process. Mones advises people considering an attorney to look for one who will take the case on a contingency fee basis, meaning he or she will not charge fees upfront and be paid only if you receive a settlement.
Q: What if my experience happened a long time ago?
A: “The most important thing will be, even if you don’t think you have a claim because of how long ago it happened, you should file a claim,” said Christopher Hurley, who represents abuse survivors with the Chicagobased Hurley McKenna & Mertz. “Some people are afraid and may think ‘Oh, it’s so long ago, it’s too late.’ They should definitely file a claim, number one, and they should definitely do it before the bar date in order to preserve their rights.”
Statutes of limitations will come into play when claims are evaluated, but several states have passed “lookback” windows lifting the time restrictions. Victims’ attorneys said more such windows could open in states as the bankruptcy process proceeds.
Q: How long will the claims process take?
A: The bankruptcy process could take several months to a few years.
It is advantageous for the Boy Scouts to keep the process moving and resolve its debts to reemerge from bankruptcy.
Q: Will my name be kept private? A: Yes. Claims will not be made available to the general public.