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What Is the Missouri Tort Victims Compensation Fund?
Missouri torts law allows those who have suffered loss or personal injury due to the negligent actions of others to obtain compensation for their injuries by filing a lawsuit or insurance claim against the at-fault party or their insurance company. Upon filing such a claim/lawsuit, the court or insurance company will examine the facts and award the injured party a specific amount based on the extent of the injuries or damage they sustained from the personal injury incident.
But sometimes, despite their best efforts, the injured party may be unable to recover the total amount awarded or part of it for reasons beyond their control. In those circumstances, the person affected may be forced to bear the cost of their medical treatment and other related expenses caused by the at-fault party’s actions alone, which could severely affect their finances.
If you or your loved one is in such a situation, all hope is not lost. The Missouri Tort Victims Compensation Fund exists to help people like you get some financial relief that could make up for the compensation you could not recover.
However, the fund is not open to all, and you’ll need to meet certain requirements to benefit from it. This guide explains those requirements and how the application process works to help you understand whether you can benefit from the fund. Keep reading to learn more.
Who Can Apply for Compensation From the Missouri Tort Victims Compensation Fund?
You can apply for compensation from the fund if you meet the following requirements;
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You have obtained a final judgment (in which there can be no further appeals) in a personal injury or wrongful death lawsuit, where you were awarded damages (monetary compensation). Yet, you have been unable to collect the full amount awarded from the liable party despite your efforts.
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Your insurance claim for personal injury or wrongful death could not be completely settled because the amount available under the at-fault party’s insurance policy was insufficient to cover the cost of the damage or injury you suffered.
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Your claim or lawsuit for your family member’s personal injury or wrongful death was unsuccessful because the at-fault party was bankrupt.
There are some disqualifying factors that could make you ineligible for compensation under the fund even if you meet the above requirements. You can contact a personal injury attorney to learn about those factors and whether they apply to your case.
How Do You Apply for Compensation From the Fund?
To apply for compensation from the fund, you must file a claim by submitting a completed form, WCT-1 -Application for Tort Victims Compensation, to the Division of Workers Compensation in Jefferson City.
You can submit your application in person or send it by mail. If you send your application to any branch of the division other than the Jefferson office, your application will be rejected.
Documents You’ll Need To Provide
You’ll need to submit certain documents to support your application and establish your eligibility for the fund. The documents include the following:
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A certified copy of the final monetary judgment in your personal injury or wrongful death case and documents showing that the judgment can no longer be appealed.
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Documents that show your diligence toward enforcing the judgment and that you have been unable to obtain full compensation despite your efforts.
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Clear photocopies of your bills and proof of other expenses you incurred due to the injury or wrongful death.
These documents must be filed within 30 days of filing your claim. If you fail to file them within that time, the division may dismiss your claim, and you may need to file a fresh application.
Thankfully, the 30-day document submission period is extendable, so if you’re running out of time to submit your documents, you can apply to the division, asking them to allow you more time to submit for submission. You can contact skilled Missouri Personal Injury Attorneys to learn more about the application process and get help getting your documents together.
How Soon Will the Division Process Your Claim?
The division will begin an administrative review of your claim within 60 days of filing your application.
Once the administrative review is completed, they will issue a written decision, also known as an administrative determination, awarding compensation in the amount they see fit based on the evidence provided or denying the claim.
The specific amount you can get as compensation if your claim against the fund succeeds depends on the circumstances of your case and the amount available in the fund. But the amount awarded will be at most $300,000.
What To Do if You Disagree With the Administrative Determination or if Your Claim Is Denied
If your claim fails or you disagree with the outcome of the administrative review, you can request that your case be reviewed by an administrative judge within 20 days from when the administrative determination is issued. If the judge’s decision is also unfavorable, you have the right to seek further appellate review of the decision with the state Labor and Industrial Relations Commission or in court.
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