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Tort Victims

Tort Victims

The Tort Victims’ Compensation Fund exists to help compensate those who have been injured due to the negligence or recklessness of another (such as in a motor vehicle collision or a hunting accident), and who have been unable to obtain full compensation because the party at fault (the tortfeasor) had no insurance, or inadequate insurance, or has filed for bankruptcy, or for other reasons specified by the law.

The Missouri Tort Victims’ Compensation Fund was established by legislation passed in 1987. Revenue into the Fund is generated by a portion of moneys paid as punitive damages in civil lawsuits in Missouri. In 2001, the Missouri General Assembly enacted legislation authorizing claims to be made against the Fund, giving the Division of Workers’ Compensation the duty to evaluate those claims, and set up criteria for the evaluation of those claims.

History of Payments from the Tort Victims Compensation Fund

Tort Victims Compensation Fund Payout from 2001-2011

Year 2001-02 2003 2004 2005 2006-08 2009 2010 2011
$ Amount $4,87M $928.156K $100K $470K $2.42M $2.45M $345.28K $495K

Claims Filed During the Initial Claims Period

Four hundred five claims were filed against the Tort Victims' Compensation Fund during the initial claims period (i.e. from August 28, 2001 through December 31, 2002). Each of the 405 claims underwent an initial review and additional supporting documentation (e.g., medical records, medical bills, reports from law enforcement agencies, copies of insurance policies, certified copies of court judgments, affidavits) was requested in most cases. After reviewing the claim and all supporting documentation, an Administrative Determination was issued in each case.

Claimants had the right to appeal the administrative ruling, and 49 appeals were pursued to conclusion.

As required by law, on June 30, 2003, the value of all successful claims were aggregated. The value of individual claims ranged from $2,500.00 to $300,000.00, and the aggregated total was $61,434,072.49. On June 30, 2003, there was $4,865,000 available to pay claims. As the total amount awarded exceeded the amount available for payment, the law required that each claim be paid on a pro rata basis. Therefore, each claimant received approximately 7.9 cents for each dollar awarded. All checks were mailed on August 15, 2003, well in advance of the September 30, 2003 deadline established by law.

Claims filed during the 2003 Annual Claims Period

Thirty-five claims were filed during the 2003 Annual Claims Period. These were reviewed in the same manner as during the Initial Claims Period. Administrative Determinations were issued in all 35 cases. There was one appeal. As required by law, on June 30, 2004, the value of all successful claims were aggregated. The value of individual claims ranged from $20,000.00 to $300,000.00, and the aggregated total was $6,533,755.00. On June 30, 2004, there was $928,156.09 available to pay claims. As the total amount awarded exceeded the amount available for payment, the law required that each claim be paid on a pro rata basis. Therefore, each claimant received just over 14.2 cents for each dollar awarded. All checks were mailed on July 23, 2004.

Claims filed during the 2004 Annual Claims Period

Forty-eight claims were filed during the 2004 Annual Claims Period. These were reviewed in the same manner as during the Initial Claims Period. Administrative Determinations were issued in all 48 cases. There were four appeals. The value of individual claims ranged from $7,468.11 to $300,000.00, and the aggregated total was $7,108,456.45. On June 30, 2006, there was $100,000.08 available to pay claims. As the total amount awarded exceeded the amount available for payment, the law required that each claim be paid on a pro rata basis. Therefore, each claimant received just over 1.4 cents for each dollar awarded. All checks were mailed on June 30, 2006.

Claims filed during the 2005 Annual Claims Period

Thirty-seven claims were filed during the 2005 Annual Claims Period. These were reviewed in the same manner as during the Initial Claims Period. Administrative Determinations were issued in 36 cases; one case was suspended per §537.681.4, due to the claimant’s incarceration. There was one appeal. There were 27 successful claims. The value of individual successful claims ranged from $25,000.00 to $300,000.00, and the aggregated total was $5,411,768.73. On June 25, 2007, there was $470,000.02 available to pay claims. As the total amount awarded exceeded the amount available for payment, the law required that each claim be paid on a pro rata basis. Therefore, each claimant received just over 8.7 cents for each dollar awarded. All checks were mailed on June 25, 2007.

Claims filed during the 2006, 2007 and 2008 Annual Claims Periods

There were twenty-three claims filed during the 2006 Annual Claims Period. There were 18 successful claims; the value of individual claims ranged from $15,313.85 to $300,000.00, and the aggregated total was $2,916,319.60.

There were thirty claims filed during the 2007 Annual Claims Period. There were 25 successful claims; the value of individual claims ranged from $20,000.00 to $300,000.00, and the aggregated total was $4,537,525.52.

There were twenty-four claims filed during the 2008 Annual Claims Period. There were 20 successful claims; the value of individual claims ranged from $25,000.00 to $300,000.00, and the aggregated total was $4,005,458.59.

On June 30, 2009, there was $2,420,203.11 available to pay claims. A decision was made to utilize these funds to pay, on a pro rata basis, the successful claims filed during the 2006, 2007 and 2008 Annual Claims Periods combined. Each successful claimant received over 21.1 cents for each dollar awarded. All checks were mailed on June 30, 2009.

Claims filed during the 2009 Annual Claims Period

Thirty-six claims were filed during the 2009 Annual Claims Period. There were 32 successful claims. The value of individual successful claims ranged from $52,308.10 to $300,000.00, and the aggregated total was $7,147,747.84. On June 30, 2010, there was $2,450,000.00 available to pay claims. As the total amount awarded exceeded the amount available for payment, the law required that each claim be paid on a pro rata basis. Therefore, each claimant received more than 34.2 cents for each dollar awarded. All checks were mailed on June 30, 2010.

Claims filed during the 2010 Annual Claims Period

One-hundred-one claims were filed during the 2010 Annual Claims Period. There were 85 successful claims. The value of individual successful claims ranged from $20,000.00 to $300,000.00, and the aggregated total was $16,935,060.39. On June 30, 2011, there was $345,275.00 available to pay claims. As the total amount awarded exceeded the amount available for payment, the law required that each claim be paid on a pro rata basis. Therefore, each claimant received more than 2.04 cents for each dollar awarded. All checks were mailed on June 30, 2011.

Claims filed during the 2011 Annual Claims Period

Eighty claims were filed during the 2011 Annual Claims Period.  There were 70 successful claims.  The value of individual successful claims ranged from $10,000.00 to $300,000.00, and the aggregated total was $11,993,995.90.  On June 30, 2013, there was $495,000.00 available to pay claims. As the total amount awarded exceeded the amount available for payment, the law required that each claim be paid on a pro rata basis. Therefore, each claimant received more than 4.12 cents for each dollar awarded. All checks were mailed on June 30, 2013.