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;
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.
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.
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 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.