Jefferson City Personal Injury Lawyer

Missouri Tort Victims Compensation Fund

Many individuals who are injured through little to no fault of their own do not receive adequate compensation for their injuries and damages. The most common reason victim’s are not sufficiently compensated relates to insufficient insurance on the part of the tortfeasor (person or company at fault), or the absence of any applicable insurance coverage entirely. Thankfully, many years ago, Missouri created the Tort Victims’ Compensation Fund to help these individuals.

What is the Tort Victims’ Compensation Fund?

The Tort Victims’ Compensation Fund is a program to provide injured victims with additional money for their injuries and/or the wrongful death of a loved one. The program is funded by punitive (punishment) damages verdicts awarded by juries across the state. Missourians who were not adequately compensated from a settlement or lawsuit against the person or company at fault for their injuries may be eligible to file a claim with the Fund, which in turn can award the injured person additional compensation.

Who Can Make a Claim?

The simplest way to explain who is eligible to make a claim from the Fund is through an example:

Driver A was seriously injured in a motor vehicle collision caused by Driver B. Driver A suffered hundreds of thousands of dollars in medical bills and lost wages and incurred substantial pain and suffering. Unfortunately, Driver B only carried the minimal amount of insurance at the time of the accident required under Missouri law: $25,000 per person for liability/bodily injury damages. Driver B has no major viable assets to collect in the event a jury awards Driver A with a large verdict at trial. Accordingly, Driver A accepts a $25,000 policy limits settlement offer from Driver B’s insurance carrier to resolve their injury claim against Driver B.

In our determination, Driver A is an undercompensated tort victim. Our team at Call & Gentry can then help Driver A file a claim with the Missouri Tort Victim’s Compensation Fund to try and get Driver A additional compensation for his/her injuries. Injured persons may also be eligible to file a claim with the Fund if they were unable to collect the full amount awarded by a jury in their personal injury lawsuit, if the at-fault party filed for bankruptcy protections, and/or if the at-fault party did not maintain any liability insurance at all.

Is there a deadline to submit a claim?

Yes. Generally, an undercompensated or uncompensated injured victim must file their claim with the Fund within the statute of limitations (deadline to file a law suit) in the state of Missouri. The statute of limitations for an injury claim in the state of Missouri is generally five (5) years from the date the injury occurred. The statute of limitations for the wrongful death of a loved one is generally three (3) years from the date of death.