The last thing you want to learn after being hurt by a negligent third
party is that they do not have any insurance to cover the damages they
caused. It is essentially just as bad to hear they have insurance but
the policy cap is well below what you deserve in returned medical costs
and lost wages. What are you supposed to do when the at-fault party seemingly
cannot provide you any or enough financial support?
If you live in Missouri, then you might still have an option through the state’s Tort Victims’ Compensation Fund. In short, the Fund allows plaintiffs filing injury torts of various sorts to seek missing or incomplete funds due to filing a claim against a party with no insurance, inadequate insurance, or an ongoing or recently-closed bankruptcy. This presents a great opportunity for those who would not have otherwise been able to financially recover due to the negligence of another, as long as they know how to access the Fund and have a legal team to do it.
How Does The Fund Work?
The Tort Victims’ Compensation Fund is filled by portions of punitive damages awarded in civil claims all throughout Missouri. For example, if a drunk driver caused a fatal car accident and the surviving family was granted $100,000 in punitive damages to penalize the defendant for wrongdoing, then $10,000 of that amount might go into the Fund. Any payouts granted from the Fund will be calculated using the total financial value of the Fund and the number of claims currently filed against it. Regardless of the amount that can be awarded from the Fund to make up for missing or inadequate compensation from an at-fault party, it will be nothing but an additional benefit to the plaintiff.
In many cases, a personal injury lawyer will settle a client’s case for the insurance policy limit without realizing the opportunity to make a claim against the Fund exists. This can leave a plaintiff unfairly without enough damage coverage when their case concludes.
At Meyerkord & Kurth, our St. Louis personal injury attorneys are serious about doing everything we can to get our clients every penny possible in compensation. In four recent cases, we were able to file against the Fund for our clients, receiving nearly $350,000 in combined recoveries from the Fund. In each of these four cases, our clients had serious injuries but the at-fault partied either had no insurance or inadequate insurance. By exploring our options and making a claim against the Fund, we were able to dramatically increase the recovery of these clients.
Have you been injured by a negligent party but worry the at-fault party will not have enough insurance coverage to actually repay you for the damage they caused? Come to our St. Louis injury law firm for comprehensive and compassionate legal counsel that thinks outside-the-box. Call (800) 391-4318 to arrange a free case review today.