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January 26, 2026
Sexual Abuse Revival Cases Subject to the Tort Claims Act's Verbal Threshold
On January 15, 2026, the New Jersey Appellate Division issued an opinion for publication, C.W. v. Roselle Board of Education, --- A.3d ----2026 WL 110954, which impacts the defense of public entities in revived sexual abuse cases. The Tort Claims Act (TCA) mandates that claimant’s injuries satisfy the verbal threshold pursuant to N.J.S.A. 59:9-2(d), which limits the recovery of pain and suffering damages in tort cases. Specifically, to recover damages for pain and suffering, a claimant must demonstrate more than $3,600 in medical expenses and a permanent injury that objectively results in a substantial loss of bodily function.
In December 2019, the New Jersey Legislature enacted legislation, P.L. 2019, c.120, and P.L. 2019, c. 239, which enabled victims of sexual abuse to access the courts and seek redress for claims of abuse that occurred decades prior. For cases involving sexual abuse, the legislation greatly extended the statute of limitations, removed the TCA’s requirement that a notice of tort claim must be served upon a public entity, and eliminated a public entity’s immunity for willful, wanton and grossly negligent conduct. However, the 2019 legislation did not alter the requirement that the victims satisfy the TCA’s verbal threshold. Later, in March 2025, the Legislature amended the TCA to eliminate the verbal threshold in sexual abuse cases, which was to “take effect immediately.” P.L. 2025, c. 29. During the course of nearly a year, New Jersey trial courts have grappled with whether this amendment applies to the old, revived cases of sexual abuse that occurred prior to the legislation, including those going back to the 1960s.
The Appellate Division’s recent decision in C.W. makes the answer now clear – the 2025 amendment that eliminated the TCA’s verbal and monetary thresholds in sexual abuse cases only applies prospectively; it does not apply retroactively to cases involving sexual abuse that occurred prior to the amendment’s effective date, March 6, 2025. The Appellate Division went a step further and clarified that a plaintiff’s request for emotional distress damages creatively categorized as disability, impairment and loss of enjoyment of life are encompassed within pain and suffering damages and, thus, is subject to the TCA's verbal threshold at N.J.S.A. 59:9-2(d). Consequently, public entities can, for now, rely upon this statute in many pending and future cases involving revived sexual abuse cases to decrease settlement value and costs.
Hill Wallack represents many public entities throughout the state of New Jersey and welcomes the opportunity to address questions that your administration may have concerning this ever developing area of the law.
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