How to File a Claim through the Missouri Tort Victim’s Compensation Fund

Sep 8, 2021 Articles and Resources

Now is your opportunity to recover compensation from a past lawsuit that you may be owed. If you were previously injured and unable to obtain full compensation from your claim, you may be entitled to up to another $300,000 through the Missouri Tort Victims’ Compensation Fund.

A 2021 judgment by a City of St. Louis jury sent more than $480 million from punitive damages into the Tort Victims’ Compensation Fund. There is now more money than ever for undercompensated individuals to recover. The attorneys at Padberg Appelbaum Knepper can help you file a claim today.

What is the Missouri Tort Victims’ Compensation Fund?

The Tort Victims’ Compensation Fund supports individuals who were injured by the negligence of another person and were undercompensated because the party at fault either had no insurance, inadequate insurance, filed bankruptcy or other reasons. Individuals who are eligible can file a claim to be evaluated by the Division of Workers’ Compensation and recover additional monetary compensation.

Revenue for the Tort Victims’ Compensation Fund is generated by punitive damages verdicts in civil lawsuits in Missouri.

Am I eligible to file a claim?

To file a claim through the Tort Victims’ Compensation Fund, the injured person must be a resident of the state of Missouri, or the injury needed to occur in Missouri. If the injured person is deceased, the surviving spouse or a specific family member of the deceased may make a claim. One of the following factors must also be met:

• The injured person obtained a judgment in a personal injury or wrongful death lawsuit and was unable to collect the full amount of their final monetary judgment.
• The injured person was forced to settle for full policy limits of the liability insurance, which were inadequate to cover the full amount of the damages.

There are time limits for filing a claim that range from two to five years after a final judgment or appeal. Because the limits vary depending on the facts of a case, it is important to file the claim as soon as a judgment and/or appeal is final. A personal injury attorney can help you determine if you are still eligible.

How much compensation can I recover from the Missouri Tort Victims’ Compensation Fund?

By law, claims against the fund are limited to $300,000. After you file a claim, the Division of Workers’ Compensation will review your claim and send a letter stating whether you will receive money from the Fund and, if so, how much.

How can an attorney help me file a claim?

Speak with an attorney to quickly find out if you qualify for the Tort Victims’ Compensation Fund. You can hire an attorney to collect and submit all of the needed information and documents related to the injury, including the accident report, your lost income, medical records, and more. After filing a claim on your behalf, the Division of Workers’ Compensation will notify the attorney as to what additional information is needed.

Hiring an attorney will save you time and stress from handling the claims process and ensure you have the best chances at receiving the highest compensation available from the Tort Victims’ Compensation Fund.

The attorneys of Padberg Appelbaum Knepper can help. Our law firm works on a contingency fee basis meaning you will only pay if you receive compensation. If you were undercompensated, let us file your claim today to receive the funds as soon as possible. Call our law office at (314) 621-2900 or contact us online for a free consultation.