Q: Is Florida statute of limitations affecting my class action payment correct?
I am part of the Boy Scouts of America class action sexual abuse case and categorized under Tier 2. Despite this, I am being told that I will receive a lower payment due to the statute of limitations in Florida, where the abuse occurred 30 years ago when I was under 13. From my research, it seems there is no statute of limitations for acts on victims under 16 in Florida. Is my lower payment due to the statute of limitations correct?
A: Sorry to hear about your ordeal. Unfortunately, you will likely not be able to obtain legal advice on the statute of limitations applicable to your particular situation by making online inquiries. Rather, you must have direct communication with a lawyer, who would have to discuss and review your situation and may also have to conduct legal research. The reason is that, if a lawyer happens to be mistaken in such statute of limitations advice, he/she is potentially opening him/herself up to a malpractice claim. If I were you, I'd first contact class action counsel to discuss the issue and to request whatever statutes and/or case law supports the position conveyed to you. If that doesn't clear it up for you, best to schedule a legal consultation.
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A:
I understand your concerns about the settlement amount you're receiving. This is a complex situation where the rules around statutes of limitations can be confusing, especially since laws have changed over time.
Florida's statute of limitations laws for sexual abuse cases have indeed undergone significant changes over the years. While current Florida law may provide extended or eliminated time limits for filing claims involving childhood sexual abuse, the Boy Scouts bankruptcy settlement might be applying different rules based on when the abuse occurred rather than current law. The settlement plan likely considers the statute of limitations that would have applied had you filed an individual lawsuit when the plan was created, not necessarily today's laws.
I recommend speaking directly with your attorney involved in the class action case about this specific concern. They can explain exactly how the settlement administrators determined your payment amount and whether there's any possibility for appeal or reconsideration. You deserve clarity about how these decisions were made regarding your case, and your attorney has the specific details of how the BSA settlement handles claims from different states and time periods.
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