Month: February 2024

The U.S. Department of Justice (DOJ) and the Department of the Navy (DON) started offering the “Elective Option” for Camp Lejeune Justice Act (CLJA) claims on September 6, 2023. This process was designed to make it faster and easier to get a Camp Lejeune claim settlement. With a clear understanding of this option, you are well-equipped to secure a settlement that lines up with your expectations.

Direct Federal Lending is a leading provider of Camp Lejeune lawsuit loans. If you are interested in our legal funding, contact us today. We also provide answers to some of the most common questions about the Elective Option for Camp Lejeune claims below.

What Is a Camp Lejeune Justice Act Claim?

On August 10, 2022, President Biden signed the Camp Lejeune Justice Act. Part of the Honoring our Promise to Address Comprehensive Toxics Act, CLJA gives people the right to recoup damages if they were exposed to contaminated water at the Camp Lejeune Marine Corps Base. 

There are restrictions on who can capitalize on CLJA. To qualify, you must have been present at Camp Lejeune at any time between the middle of 1953 through 1987. You must have been at the base for at least 30 days.

What Is the Elective Option?

CLJA claims can be tricky, but the Elective Option helps speed up the resolution process. This option consists of a framework for handling these claims.

With the Elective Option framework, DON focuses on specific aspects of a claim. It generally reviews the length of time that a person was located at Camp Lejeune and the disease that may be linked to contaminated water exposure. 

DON uses Agency for Toxic Substances and Disease Registry (ATSDR) criteria to conduct an evaluation. If it finds that a claimant is dealing with a disease that was likely linked to contaminated water exposure at Camp Lejeune, it offers a settlement.

How Much Money Can You Get with an Elective Option Settlement?

ATSDR criteria impact how much money is awarded as part of an Elective Option settlement. The agency considers how long you were at Camp Lejeune and if a disease you are dealing with may be linked to contaminated water exposure. It uses a wide range of evidence in its evaluation. 

 

If you qualify for a settlement, your compensation amount depends on the ATSDR tier. There are two tiers:

Tier 1

You may fall into this category if you are dealing with any of the following diseases:

• Bladder cancer
• Liver cancer
• Kidney cancer
• Non-Hodgkin’s lymphoma
• Leukemia

In this tier, you may be able to receive any of the following settlement amounts:

• $150,000 if you spent anywhere from 30 to 364 days at Camp Lejeune
• $300,000 if you were at the base for one to five years
• $450,000 if you were located at the base for more than five years

Tier 2

Examples of diseases that fall into Tier 2 include:

• Kidney disease
• Parkinson’s disease
• Systemic sclerosis/scleroderma

To qualify for a Tier 2 settlement, you must show that you are dealing with any of these diseases or other serious health conditions that may be linked to contaminated water exposure.

If you meet Tier 2 criteria, you may be able to get a settlement in any of these amounts:

• $100,000 if you were at Camp Lejeune for 30 to 364 days
• $250,000 if you spent one to five years at the base
• $400,000 if you were located at the base for more than five years

You can receive additional compensation if you are submitting a wrongful death claim on behalf of a deceased person (decedent). In this scenario, you can get $100,000 on top of the previously listed settlement amounts for diseases in Tier 1 and 2.

Is the Elective Option Worth Your Time?

The Elective Option provides an additional avenue for getting CLJA claim compensation.

For example, you can use this option to share evidence that shows you are dealing with a disease caused by contaminated water exposure at Camp Lejeune. You can also highlight how you were located at the base within the time frame required for CLJA claims.

From here, DON will review your claim. It will use evidence to figure out if you are entitled to compensation, and if so, just how much.

Since there is only a limited amount of evidence that DON will have to evaluate, it may not take too long to get a settlement offer. As soon as you approve your proposal, you will get money you can use to cover losses you have incurred due to your contaminated water exposure.

How Do I Qualify for the Elective Option?

To take advantage of the Elective Option, get your military records since these will show that you were present at Camp Lejeune and just how long you were there. You will also need to submit an administrative request to DON.

If you want to submit a claim based on the wrongful death of a spouse, child, or other family member, you may have the option to do so. To find out if you can, consult with a wrongful death lawyer. You can work with an attorney to provide evidence that shows a decedent was dealing with health problems that may be linked to exposure to contaminated water at Camp Lejeune. Plus, your attorney can advocate for you and make sure your legal rights are protected as you move forward with your claim.

In instances where you were treated for health issues that may be related to contaminated water exposure, you will need to provide evidence to support your claim. Ultimately, it is your responsibility to show that you are dealing with a disease, when it was diagnosed, and how it was treated. Even if you never received a formal diagnosis for your disease, you may be able to provide medical records that show you were coping with associated symptoms. With sufficient evidence, you can boost your chances of getting a fair settlement offer.

If you have already submitted an administrative claim, in the midst of a lawsuit, involved in settlement negotiations relating to a Camp Lejeune contaminated water exposure claim, you may be ineligible for the Elective Option. The DOJ is already handling previously filed lawsuits. It is extending settlement offers, many of which include awards comparable to those provided through the Elective Option.

You have a maximum of two years to submit a lawsuit based on Camp Lejeune contaminated water exposure — and time is running out to do so. CLJA has been in effect since August 2022. This means you have until August 2024 to file your claim, even though you were exposed to contaminated water a long time ago.

There is no requirement to hire a lawyer if you move forward with the Elective Option. It is typically a good idea to partner with an attorney since they can help you navigate this process. Your attorney can gather evidence and make sure your claim is submitted before it is too late. They can also teach you about how lawsuit loans work and help you request one based on your projected settlement amount.

If you are ready to begin with the Elective Option, access the CLJA claim form and more information at the Navy’s website.

Have There Been Any Elective Option Payouts?

The first Elective Option payout was reported on October 30, 2023. This payout totaled $850,000 and was given to three people, according to Reuters.

Two months later, an Elective Option payout of roughly $1.5 million was provided to six people.

Can I Get a Lawsuit Loan and Use the Elective Option?

Per Bloomberg, there were over 117,000 pending administrative Camp Lejeune water contamination claims with the Navy and more than 1,300 related lawsuits in federal court in North Carolina as of October 2023.

There is no telling when these claims and lawsuits will be settled. Fortunately, the Elective Option may speed up the process of getting compensation. It will not prevent you from qualifying for a lawsuit loan, either.

With legal funding, you can get money based on an estimated Camp Lejeune settlement. You can get a pre-settlement loan in a matter of days. In addition, you do not have to repay your loan unless you get compensation.

Where Can I Get a Camp Lejeune Quick Settlement Decision Lawsuit Loan?

Direct Legal Funding takes the guesswork out of a quick settlement decision for the Camp Lejeune lawsuit loan. We are happy to discuss our lawsuit funding options with you. To get started, contact us today.

For the many people struggling with injury and other losses due to the use of Roundup and who have filed a claim for settlement, it may be possible to obtain lawsuit funding to help meet financial needs now.

Direct Legal Funding has made the decision to continue to support the needs of Roundup victims who have filed product liability lawsuits against the chemical manufacturer and others. Though the company has provided lawsuit funding prior for Roundup cases, there was a pause in their ability to fund these cases. However, new insight has allowed for Direct Lending Funding to resume providing this essential financial support to those who need it the most.

Who Qualifies for Funding for Roundup Lawsuits?

For those who are seeking financial compensation after suffering health complications, including cancer, as a result of exposure to Roundup, Direct Lending Funding encourages you to apply for lawsuit funding now. We work with many people facing these types of complications who may be waiting years to receive the settlement they are owed. In the meantime, consider the value of lawsuit funding.

If you suffered the development of cancer after the use of Roundup, you may be able to seek out financial compensation for your losses. Roundup, a type of weedkiller, was initially labeled as a product that was safe to use. However, a report issued in 2015 by the International Agency for Research on Cancer found that this chemical was a potential carcinogen. More specifically, it found that it could be responsible for non-Hodgkin’s lymphoma. It is believed that the chemical’s glyphosate-based herbicides caused these cancers.

If you have filed a lawsuit against the manufacturers of Roundup for losses like this, you may be able to obtain lawsuit funding through Direct Legal Funding.

Direct Legal Funding provides financial compensation through lawsuit funding in the following states:

• Alabama
• Alaska
• Arizona
• California
• Colorado
• Connecticut
• Delaware
• Florida
• Georgia
• Hawaii

• Idaho
• Chicago
• Indiana
• Iowa
• Kansas
• Louisiana
• Maine
• Maryland
• Massachusetts
• Michigan
• Minnesota
• Mississippi
• Montana
• Nebraska
• Nevada
• New Hampshire
• New Jersey
• New Mexico
• New York
• North Dakota
• Ohio
• Oklahoma
• Oregon
• Pennsylvania
• Rhode Island
• South Carolina
• South Dakota
• Tennessee
• Texas
• Utah
• Vermont
• Virginia
• Washington
• Wisconsin
• Wyoming

What Is Roundup and Its Background?

We encourage you to speak to your attorney about your ability to qualify to file a claim against Roundup’s manufacturer and what steps to take to prove loss. The following is some background on some of the lawsuits playing out today. Roundup is a product made to be used as a “safe” type of weedkiller. It was marketed as such by Monsanto, the maker of the product. Monsanto is now a division of Bayer. Many people have taken steps

to file lawsuits against these companies because they claim that the drug caused their injuries, including the development of cancers, including non-Hodgkin lymphoma and cancers related to it.

Some of the types of related cancers to the use of this chemical include:

• Anaplastic large cell lymphoma
• Mantel cell lymphoma
• Mycosis fungoides
• Chronic lymphocytic leukemia
• Cutaneous T-cell lymphoma
• Sezary syndrome
• Small lymphocytic lymphoma
• Follicular lymphoma and hairy cell leukemia

The belief is that the presence of glyphosates in these products is what directly led to the onset of the cancers. There have been various studies that have noted a link between the development of cancer and glyphosate, though Bayer continues to state that there is evidence that this is not always the case.

Many people have filed lawsuits against the manufacturer of the product because of failed communication about the risks that could occur when using this product. Lawsuits claim that the herbicide caused cancer and that there was no warning by the manufacturer about those cancer risks. This has led to class action lawsuits that claim that the company actively worked to deceive the public about how safe this product really was. Many people believe that there were internal notes and memos that documented this risk and that the company still did nothing to protect those who would be using and therefore put at risk of the development of cancer as a result.

You May Qualify for Lawsuit Funding If You Have Filed a Claim Against Roundup Manufacturers

Though there are some lawsuits that have moved through, with people being awarded thousands and even millions of dollars due to the losses they have experienced, Direct Lending Funding works with those still waiting for their case to be heard. The average amount plaintiffs can receive through lawsuits like this is between $50,000 and %250,000 for the damages they suffered. Direct Legal Funding offers loans of 50% of the client’s net settlement amount. This is based on what attorneys believe that the individual will receive once the lawsuit has moved through.

Direct Legal Funding does not use credit scores or other financial information to make decisions about who to lend to, nor does it pursue financial compensation if the lawsuit does not succeed in obtaining a settlement in favor of the individual.

How to Get Roundup Lawsuit Funding Now

Roundup lawsuit funding may be available to many individuals who are facing financial losses due to

medical conditions, including cancer. Direct Legal Funding requires individuals to apply directly with the company to obtain eligibility, which is dependent on the settlement they are likely to receive based on what their attorney communicates.

Individuals will learn how much they can obtain right away, and funding only takes a short amount of time. Key to this is that even if a case has not been settled yet and remains within the litigation process, the company can still offer a cash advance on the lawsuit. This can be critically important to victims who have the need for immediate compensation to maintain their health and continue funding their care after the development of their cancer or related complications due to Roundup exposure.

Applicants can apply online within a matter of minutes. There are representatives online who can offer the specific steps necessary to determine eligibility for receiving lawsuit funding through Direct Legal Funding.

For decades lawsuits have been filed across the country involving the toxicity of talcum powder in Johnson & Johnson baby powder and the development of certain types of cancers. The very first talcum powder lawsuit was filed back in 1999 by a woman who was diagnosed with mesothelioma after using Johnson & Johnson talc baby powder for most of her life. At the time, Johnson & Johnson was able to fight to have their test results and other evidence shielded, so nothing ever amounted from this first lawsuit.

However, in the decades since, more and more men, women, and children have come forward to raise concerns and demand Johnson & Johnson be held accountable for the serious medical conditions baby powder users developed. If you have joined a class action talcum powder lawsuit or filed a personal product liability claim against Johnson & Johnson, a settlement may be on the horizon. While you wait for your case to resolve, Direct Legal Funding may be able to get you the talcum powder lawsuit funding you need to cover your costs now, so contact our loan specialists to see if you qualify for our product liability lawsuit loans today.

More On Talcum Powder Lawsuits 

There have been tens of thousands of lawsuits collectively filed against talcum-based baby powder manufacturing giant Johnson & Johnson. Consumers claim that the talcum (talc) used in Johnson & Johnson’s baby powder is directly responsible for the development of ovarian cancer in users. Many claimants also filed suit after being diagnosed with mesothelioma, which is typically only caused by exposure to asbestos, and claims that the talcum baby powder is contaminated by asbestos.

Furthermore, victims claim that Johnson & Johnson knew their baby powder and other products contained talcum and continued to sell the product despite knowing that it caused certain types of cancers in consumers. It is not only Johnson & Johnson being held accountable for victim’s damages and suffering, either. Some of the brands, retailers, and products named in these lawsuits include:

• Johnson’s Baby Powder
• Walgreens
• Gold Bond Extra Strength Body Powder
• Gold Bond Body Powder
• Gold Bond No Mess Powder Spray
• CVS Pharmacy
• Vanderbilt Minerals raw industrial talc
• Shower to Shower (J&J)
• Target
• Walmart
• Whittaker, Clark & Daniels raw cosmetic talc
• Cashmere Bouquet (Colgate-Palmolive)

Parties Who May Be Entitled to Financial Compensation

Not everyone filing a claim against Johnson & Johnson or other at-fault parties will be successful. In fact, while there may have been over 50,000 talcum baby powder lawsuits filed, many are still in ongoing litigation as Johnson & Johnson has repeatedly attempted to declare bankruptcy and prevent future claims from being filed. To be eligible for financial compensation, specific requirements must be met, including:

• You must have used products containing talcum powder
• You must have developed mesothelioma or ovarian cancer

Your talcum powder lawyer will review every detail of your case to determine whether Johnson & Johnson or other parties are responsible for your cancer diagnosis and the residual impact on your life. Getting the products used analyzed and corroborating evidence will be crucial for your claim to be successful. This is one of the many reasons it can take so long for claimants to obtain judgments in their favor.

The Value Of a Talcum Powder Lawsuit

After being diagnosed with ovarian cancer or mesothelioma, your entire world was likely turned upside down. Depending on the extent of your diagnosis, you may need to begin treatment right away. People coping with cancer are often unable to work, exhausted and ill from radiation and chemotherapy, and may never fully recover from their condition, ultimately succumbing to their cancer.

If your personal injury attorney can tie your cancer diagnosis to the use of talcum powder products, you may have the right to be fully compensated for your losses. Johnson & Johnson could be ordered to cover your medical expenses, provide you with financial support when you cannot continue earning a living, and compensate you for your emotional distress, reduced quality of life, and more. There have been many successful talcum powder lawsuits where Johnson & Johnson was also ordered to pay a considerable sum in punitive damages.

To avoid total financial liability, Johnson & Johnson repeatedly attempted to declare bankruptcy, of which all attempts were denied by the court. Currently, Johnson & Johnson continues to negotiate outside of court and be found liable in civil court. The best way to find out how much your case could be worth is to discuss your losses in great detail with your attorney.

Talcum Powder Legal Funding Eligibility Requirements

Direct Legal Funding has helped many talcum powder victims get through these unimaginable times by offering talcum powder lawsuit loans to those dealing with lawsuits and claim negotiations. This is essentially a cash advance on your anticipated settlement. However, not everyone will

qualify.

Creditworthiness

Creditworthiness refers to how likely you are to pay back a line of credit. The greater your credit score, the less of a risk you appear to lenders. When applying for a personal loan, home equity loan, or any other line of credit, the banks and financial institutions will run a credit check to determine your creditworthiness.

If your credit is average or poor, the bank may deny your application altogether. However, more predatory institutions will offer the financial support you need but impose exorbitantly high-interest rates. When this happens, you can quickly get upside down on the loan, and with compound interest, you may not be able to pay it back.

Direct Legal Funding does not run a credit report, and your credit score will not impact your eligibility. We make it possible for people with low or no credit to get the cash they need without being taken advantage of. Our loans are non-recourse, so your credit score is irrelevant to our application review process.

A Source of Income

We understand that your diagnosis may make it impossible for you to work or cover your expenses. That is why you need to take out a talcum powder lawsuit loan. For this reason, we do not consider your income as part of our application review either.

Since our pre-settlement loans are non-recourse, repaying the loans is contingent upon winning your talcum powder lawsuit. They can only be paid back with your settlement funds. This means you will not need to pay back the loans if your attorney loses, making your personal income irrelevant as well.

Age Limits

While we make it possible for most talcum powder victims to access cash advances, not everyone will be eligible. Currently, Direct Legal Funding only offers lawsuit loans to those aged 18 years or older. If you are the parent or legal guardian of a child who qualifies for a talcum powder lawsuit, we may be able to get you the financial help you need on their behalf.

Legal Representation

We can only approve your application for pre-settlement legal funding if you are being represented by an attorney. Every talcum powder lawsuit loan recipient is actively working with a lawyer through negotiations and litigation. If you have not yet started working on your case, please revisit our website once you have a legal representative advocating for your rights.

An Expected Successful Outcome 

Your attorney must be expecting a successful outcome for you to qualify. Attorneys handling talcum powder lawsuits generally work for their clients on contingency, so they will not agree to take on a case unless they expect to win. Similarly, we only get repaid if your attorney wins, so we always confirm the anticipated settlement amount with our applicant’s legal representatives before approval can be issued.

Spend Your Talcum Powder Pre-Settlement Loan However You Need To

One of the top benefits of talcum powder lawsuit loans is the lack of restrictions. We do not limit how you can spend these funds. Some of the most common expenses reported by former talcum powder legal funding recipients include:

• Utility bills
• Outstanding medical expenses
• Credit card debt
• Rent or mortgage payments
• Insurance premiums
• Student loans
• Private school or college tuition payments
• Groceries and household items
• Internet and phone bills
• Car or lease payments
• Extracurricular activities

This is your chance to stay afloat while you fight for justice. Direct Legal Funding prioritizes our applicant’s needs and often approves second lawsuit loan applications as well, particularly if your case has been delayed and you are continuing to struggle with finances. Find out how much we could authorize in your case when you contact our loan specialists or apply now.

Contact Our Loan Specialists to Find Out Whether You Qualify for Talcum Powder Legal Funding Today

Talcum-based baby powder and other products containing toxic ingredients can lead to ovarian cancer, mesothelioma, and other serious medical conditions. While you work with your attorney to demand Johnson & Johnson compensate you fairly for your damages and suffering, you should not have to continue to struggle financially. Our talcum powder lawsuit funding through Direct Legal Funding could be the solution you have been looking for.

You should be able to cover your regular living expenses and live life as normally as possible when going through litigation and negotiations. Let us help you get through these difficult times. Apply now, call our office, or fill out our convenient contact form to speak with our loan specialists or find out how much pre-settlement legal funding you could qualify for.

Personal injury lawsuits for victims of defective hernia mesh inserts may have substantial medical expenses that pile up while they are waiting for their settlement. Facing these bills, along with other daily costs and lost income, can be frustrating while negotiations or a trial take place. Instead of waiting months for payment, they can investigate how a hernia mesh lawsuit loan could benefit them right now.

At Direct Legal Funding, we offer solutions that are less risky than bank loans, credit card charges, or other options. You can receive a portion of your expected settlement within days of approval, with no worries if your case is not successful. Contact us today to learn how to apply and get started with medical device legal funding options.

What Is Hernia Mesh Failure?

Beginning as far back as the 1950s, hernia mesh was celebrated as a new way to repair and prevent hernias throughout the body. However, despite its promises, as many as 30% of patients suffer some sort of hernia mesh failure. Common issues with hernia mesh repair surgeries include:

• Adhesion to surrounding tissues, making future repairs difficult
• Bleeding
• Bowel obstruction or perforation
• Chronic pain
• Infection at the surgery site
• Mesh migration from the original site
• Mesh shrinkage
• Recurrence of the hernia, sometimes worse than the initial incident
• Rejection of the mesh material

The mesh may also erode, tear, or fracture, leaving the patient open to additional medical problems. A hernia mesh failure could lead to more surgeries and expensive treatments in order to recover fully. This means more bills and a more valuable medical device claim, but waiting for that settlement can take many months.

Why Does Hernia Mesh Failure Happen?

Determining why your hernia mesh failed will be an important part of successfully managing your claim. Without proof of what happened and who is at fault, it can be difficult to identify the right liable parties. Hernia mesh failures can arise from a range of factors, including design issues, the surgeon’s experience, and the patient’s health.

Hernia mesh failures are estimated at between 12% and 30%, according to a publication in the British Medical Journal. That equals up to 170,000 patients with hernia mesh problems every year. This is an alarming statistic, considering that as many as one in ten people will develop hernias in their lifetime.

When a product is not properly designed, manufactured, tested, or labeled, it can lead to complications. In addition, failures can be caused by doctors who do not have enough training or experience implanting the devices. Finally, if the patient is not a good candidate but their healthcare providers still recommend the surgery, it can set the stage for problems that arise as soon as a few days after the operation.

Filing Your Hernia Mesh Failure Personal Injury Lawsuit

If you have experienced complications related to your hernia mesh surgery, you may have a valid claim for compensation. The first step will be to speak with a personal injury attorney in your area who is knowledgeable about your state’s laws for medical device cases. They can help you determine who is at fault, how to proceed, and what your potential settlement could be.

Most personal injury lawyers work on a contingency basis, meaning you do not pay their fees until they settle your case. However, this doesn’t mean that you won’t have bills while you wait for your case to be resolved. Your monthly expenses will still come in, you may miss work, and you likely have doctor bills that must be paid right away.

This is when your attorney can work with us at Direct Legal Funding so you can secure a pre-settlement lawsuit loan. This option is better than a credit card or bank loan because we charge very low interest rates, and we don’t require you to pay it back if you lose your case. Applying is easy, and your lawyer will ensure your loan is repaid after your case settles.

How Does a Hernia Mesh Lawsuit Loan Work?

Our funding services allow you to receive a portion of your estimated settlement amount before your hernia mesh lawsuit is completed. Compared to other options, you don’t have to worry about excessive interest rates or fees. Our rates start at just 2% interest, and our fee structure is always clear.

A lawsuit loan is also called a non-recourse loan. This means you do not have to repay it if your case isn’t successful. Because we work with your attorney to determine the strength of your claim, we already expect to get repaid. This allows us to cover the costs of the times when we don’t.

Once you are approved, you can spend your hernia mesh lawsuit loan on anything you need: catching up on bills, supporting your family, or any other purpose. You are free to use the money however you choose, even if you do not win your case.

How Much Could You Expect to Receive in a Hernia Mesh Lawsuit?

While every case is different, hernia mesh lawsuits can be very valuable. Since patients suffer long-term or serious injuries when this medical device fails, payouts at the high end can be between $250,000 and $1 million. There have been some class-action lawsuits for specific mesh manufacturers, but these tend to have smaller compensation amounts since the full settlement is divided among hundreds or even thousands of victims.

Factors that can impact your hernia mesh failure settlement include:

• What type of hernia mesh device is involved
• How severe your injuries are
• How much your medical bills are
• How much income you lost
• How your life has been affected

How Do You Apply for Hernia Mesh Legal Funding?

Applying for legal funding is simple and fast. You only need to complete our application form and let us take it from there. We send the agreement contract to you and your attorney for your signatures. You can choose wire transfer, direct deposit, Western Union, or overnight check.

The process goes like this:

• Review the application form and gather the information you need.
• Contact us by phone or use the online form to apply.
• Inform your attorney that we will be contacting them.
• Sign and return the document to agree to the loan terms.
• Receive your funds and begin paying your bills.

You must be a party to a hernia mesh lawsuit, have a service agreement with a personal injury lawyer, and receive your attorney’s approval for the loan. We don’t perform a credit check or review your income level.

Apply for a Hernia Mesh Lawsuit Loan Now

No matter where you are in the United States, Direct Legal Funding can help you receive a portion of your hernia mesh lawsuit settlement in the form of a pre-settlement loan. We are on your side, helping you get the money you need to stay afloat until your case is completed. Don’t wait any longer to watch bills pile up.

Click the Apply Now button to learn more and apply for your loan, with low rates and easy repayment. Use our online form to get started today.

Sexual assault against women is incredibly common both inside and outside of incarceration, but the cases that occur in jail are more heinous for significant reasons. Women in prison are under the legal guardianship of the state and unable to give consent to sexual activity. Even if they agree to any interactions, they are still considered victims of the government’s failure to provide a safe environment for them.

Jail Sexual Assault Statistics for Women Are Shocking

Correctional facilities are intended to remove offenders from society for rehabilitation so they can return to their lives without committing further crimes. However, women are at a quantifiably higher risk of becoming victims of sexual assault by staff members, inmates, and others when they are put behind bars. Those who commit these actions are sexual abusers and must be held responsible.

Even if the facility is separated by gender, the chances that a woman will experience sex-based violence is higher than for nearly any other population. In April 2022, a large personal injury law firm sued the New York Department of Corrections for systemic and ongoing issues at the Rose M. Singer Center (RMSC or “Rosie’s”), part of the Rikers Island prison facility. The suit alleged that acts of severe sexual abuse had been occurring for a full decade.

Other facilities that have a history of unaddressed sexual assault and abuse for inmates include:

• MacLaren Hall Children’s Center
• Youth Detention Center New Hampshire
• Lakeview Shock Incarceration Correctional Facility (‘Lakeview”)
• Albion Correctional Facility (“Albion”)

Although women comprise only 10% of the inmate population, they are the victims of as much as 30% of reported sexual abuse cases in correctional facilities. Other affected populations include those who are gay, transgender, disabled, or young. The U.S. Department of Justice found that even before women inmates were imprisoned, they had likely already been victimized by others in their lives. As many as 37% of female prisoners had experienced sexual abuse before the age of 18.

The Prison Rape Elimination Act (PREA) of 2003

Statistics indicating the prevalence of sexual abuse and assault on women inmates led to a committee that established the Prison Rape Elimination Act (PREA). This law was signed in September 2003 and provides funding to correctional institutions to fight against the factors that

lead to prisoner abuse. It supports additional and ongoing research to identify facilities and causes for prison rape and created the National Prison Rape Elimination Commission that drafts standards for these purposes. The final standards were published and put into force in August 2012.

Federal Law Prohibits Sexual Assault in Prison, Yet It Happens Anyway

Federal prison employees are expressly forbidden to commit sexual assault under 18 U.S.C. § 2243(b). The crime is a felony carrying up to 15 years of prison, yet the U.S. Senate Permanent Subcommittee on Investigations reports that between 2012 and 2020:

• Two-thirds of federal facilities in the Bureau of Prisons (BOP) with women inmates found cases of sexual assault by male employees, including senior officials.
• Over 5,400 internal investigations were opened to examine the occurrence of sexual abuse against both male and female prisoners.
• BOP failed to identify these perpetrators and hold them accountable by not responding or analyzing instances of sexual abuse against women inmates.
• Rather than address these cases, BOP facility administrators were able to transfer victims to other prisons to avoid detection by auditors.
• Despite claiming a “zero tolerance policy” for sexual abuse of prisoners, BOP officials were unable to identify any clear actions taken to charge offenders with their crimes or reduce the occurrences of sexual assaults against women in prison.

A report from Amnesty International USA found women are subjected to abuse in conjunction with other behaviors intended to keep them silent. The report on Massachusetts facilities indicated guards used actions such as retaliation and intimidation to keep victims afraid and humiliated. Because the officials were allowed to abuse inmates with impunity, the women felt powerless to do anything about their situations.

Filing a Claim Against a Prison When You’ve Experienced Sexual Assault as a Woman

Most of the sexual assault cases against prison facilities reported in the media are in New York State. This is because the New York legislature passed the Adult Survivors Act in May 2022, allowing a “lookback window” for those who were abused as children to seek justice against their abusers. This included those who had suffered this treatment in prisons and jails at the hands of other inmates or law enforcement officials. Unfortunately, the window closed on November 24, 2023. However, victims can still seek guidance and legal representation from a law firm with experience in managing sexual abuse

cases. Many of these attorneys will offer a free initial consultation to determine the validity and strength of your case and then work on a contingency basis. This allows victims to have their day in court without putting up a large retainer. Settling a claim can take some time, however, and these plaintiffs may look for funding options to help them pay bills before the case is completed.

Even if you don’t live in the New York area, you are still eligible to seek compensation if you have been a victim of sexual assault in a prison or jail. An attorney in your area can investigate your situation and identify all those at fault. They will then build a case to hold them accountable. Every person who has suffered this treatment while behind bars deserves dignity and to have their rights protected.

How Legal Funding Can Strengthen Your Ability to Seek Justice

Although your lawyer may offer free case reviews and contingency fees, there are still expenses you will need to cover until your claim is settled. If you are still in jail or prison, your family may need help supporting themselves. If you have been released, the challenges of finding employment and housing can be burdensome as a former inmate.

Society is not built to help those who are trying to rebuild their lives after serving time, and even less so when women have been victimized by an uncaring justice system. Because you will still need to pay your bills, you may look for sources of funding to help you manage until you can receive compensation from your case. This is where Direct Legal Funding can help.

We offer non-recourse loans that don’t require you to pay us back if your case is unsuccessful. Our interest rates are low, we don’t ask for a credit check, and we can get the money to you within 24 hours after your request is approved. If they agree to our terms, your attorney will handle paying back your sexual abuse lawsuit loan before you receive the rest of your financial relief. Contact us to learn more about how to get started today.