Have you or someone you know won a personal injury claim but felt under-compensated? When you reach the max limit of your settlement but need more compensation to address your injuries and losses, the personal injury attorneys at The Law Offices of Kevin J. Roach will help you file a claim with the Missouri Tort Victims’ Compensation Fund.
Helping Missouri Personal Injury Victims Fight for Additional Compensation
The state of Missouri has recently allocated millions of dollars for undercompensated victims of personal injury or wrongful death cases. The Missouri Tort Victims’ Compensation Fund was designed to grant compensation to those who were not awarded the full amount they needed to recover from their injuries or the loss of a loved one.
Based on the amount of money in the MO tort compensation fund, you could be granted up to $300,000 extra for your claim. The Law Offices of Kevin J. Roach will file your Missouri tort claim on your behalf. If you were not compensated completely for your personal injury case, contact us, and we will fight to secure you additional compensation.
What Is the Missouri Tort Victims’ Compensation Fund?
In 1987, the Missouri legislature voted to establish a fund for personal injury and wrongful death victims. The fund is designed with undercompensated victims in mind. People often do not receive adequate compensation in cases of serious injury or death when the defendant is underinsured, completely lacking insurance, or bankrupt. When the responsible party cannot pay the injured party, a Missouri personal injury attorney may be able to advocate for their needs.
This program has existed under Mo. Rev. Stat. § 537.675 for many years but was unfunded previously. Recently, following the Johnson & Johnson lawsuit and $2.12 billion-dollar punitive damage award, the Fund was appropriated a large amount of money. The Fund now has approximately $480,000,000.00 available.
To be eligible for compensation from the Fund, applicants must file within the time limits prescribed by law. In most cases in Missouri, that is five years from the date of the injury (three years for wrongful death cases) or within two years of whenever the judgment and all appeals become final.
We Are Determined to Get You the Money You Are Entitled To
The Law Offices of Kevin J. Roach, LLC must submit your claim to the Missouri Division of Workers’ Compensation to determine if you are entitled to additional money. An administrative determination will either deny or award compensation from the Missouri Tort Victims’ Compensation Fund not to exceed $300,000.00.
Generally stated, to be eligible to make a claim, you must meet several criteria, including:
- You must have been injured in Missouri or resided in Missouri at the time you were hurt
- We must prove that you were under-compensated by providing affidavits, medical records, and other evidence to the Court
There are additional requirements and prerequisites that may prevent recovery. Details that could make you ineligible to file a claim include:
- The injury occurred outside the state of Missouri, and the injured person was not a Missouri resident
- Pleading guilty to, or having been found guilty of two or more felonies in which at least one of the felonies involved a controlled substance or an act of violence and was committed within 10 years of the injury
- Being a corporation, partnership, or commercial entity
After five years from your original date of injury, your claim will be barred as a matter of law. While there are exceptions to this rule that make the timeline longer for children and shorter in death cases, we still have a limited amount of time to take action.
Let Us Help You Seek Assistance From the Missouri Tort Victims’ Compensation Fund
Our team provides dedicated, individualized assistance from lawyers and paralegals to look over your claims. Our process starts by asking you for a copy of your past legal file along with all your medical records. We will then update your records and prepare/file a claim on your behalf.
There is no monetary obligation to you if no recovery is made. Which means you don’t have anything to lose. Even if you received policy limits on your primary claim, you could still be eligible to file a tort claim, and The Law Offices of Kevin J. Roach can help.
If you think you are eligible, don’t wait; contact our attorneys today for help filing a claim with the Missouri Tort Victims’ Compensation Fund.
