If you were injured in Missouri due to someone else’s negligence or suffered an injury as a victim of a crime and were not compensated for your injuries or were not fully compensated for your injuries, you may be able to seek additional compensation by applying to Missouri’s Tort Victims’ Compensation Fund. This fund allows injured victims and their families to get the compensation they may have been denied previously or were otherwise unable to receive.
Many Missourians aren’t aware this fund exists. Below is some information about the fund:
What Is the Missouri Tort Victims’ Compensation Fund?
The Tort Victims’ Compensation Fund is a state fund that’s paid for through punitive damage awards in civil claims in Missouri. Punitive damages are rarely awarded in most civil cases and are usually only found when a party acted intentionally or with flagrant disregard in harming someone else. For any civil award that contains a punitive damage component, half of that punitive damage award goes to the fund.
Up until 2020, the fund was barely funded. However, after a successful lawsuit against Johnson & Johnson regarding how the company misled users about its talcum powder, a judgment was entered by a jury with a significant punitive damage award. As a result, the Tort Victims’ Compensation Fund was appropriated $480,000,000 out of the judgment against Johnson & Johnson. Thankfully, money is now available to help Missouri residents who were injured due to the negligence, recklessness, or criminal acts of another and were unable to obtain full compensation for their injuries.
If you are wondering if you can make a claim against the fund, please reach out to our office.
Examples of situations where someone may be eligible to receive compensation from this fund include:
- You previously won a personal injury or wrongful death lawsuit, but were unable to collect money because the party did not have any proceeds to cover your claims.
- You suffered injuries, but didn’t receive FULL compensation for your injuries because the party at fault had no insurance, inadequate insurance, or filed for bankruptcy.
- You suffered injuries, but only received a small sum because the at-fault party’s policy limits did not cover the full extent of injuries. For example, having tens of thousands of dollars in medical bills, but only receiving a $25,000.00 settlement because the other side only had the state minimums in car insurance coverage.
If you’re eligible to receive compensation from the fund, you can apply for and may be eligible to receive up to $300,000 for an injury. This $300,000 cap also applies to the class of individuals who can bring a wrongful death claim.
Am I Eligible To File a Tort Victims Compensation Claim?
In order to qualify for money from the Missouri Tort Victims’ Compensation Fund, you must have been injured in Missouri less than five years ago, and you must have not received full compensation for your injuries. Finally, you must have not been convicted of two or more felonies in the last 10 years. Other requirements exist, so it is important to speak to a lawyer about what rights you have.
Victims of criminal acts where a serious injury occurred are also eligible to apply if the abovementioned factors are satisfied.
How Do I Apply for Compensation?
At Thomas Law Offices, our attorneys have experience helping clients apply to this important, overlooked fund. Call us today to find out how we can help you apply.