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
Claims Filed During the 2016 Annual Claims Period
37 claims were filed during the 2016 Annual Claims Period, 27 of which were successful. The value of the individual successful claims ranged from $19,795.54 to $300,000.00, and the aggregated total was $5,134,171.12. On August 24, 2018, there was $1,791,825.72 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 .3490 cents for earch dollar awarded. The Division mailed the checks in satisfaction of payment of the awarded amount.
Claims filed during the 2017 Annual Claims Period
19 claims were filed during the 2017 Annual Claims Period, 16 of which were successful. The value of the individual successful claims ranged from $9,665.00 to $300,000.00, and the aggregated total was $2,525,116.88. On August 24,2018, that was $881,265.79 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 .3490 cents for each dollar awarded. The Division mailed the checks in satisfaction of payment of the awarded amount.
Claims filed during the 2018 Annual Claims Period
44 claims were filed during the 2018 Annual Claims Period, 32 of which were successful. The value of the individual successful claims ranged from $25,000.00 to $300,000.00, and the aggregated total was $6,815,000.00. On June 30, 2020, there was $2,998,600.00 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 receive .44 cents for each dollar awarded. The Division mailed the checks in satisfaction of payment of the awarded amount.
Claims filed during the 2019 Annual Claims Period
89 claims were filed during the 2019 Annual Claims Period, 61 of which were successful. The value of the individual successful claims ranged from $25,000.00 to $300,000.00, and the aggregated total was $10,674,000.00. On June 30, 2020, there was $4,696,560.00 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 .44 cents for each dollar awarded. The Division mailed the checks in satisfaction of payment of the awarded amount.
Claims filed during the 2020 Annual Claims Periods
There were 85 claims filed during the 2020 annual claims period and awards were issued for 62 claims. The aggregated total of the awarded amounts for the 62 claims was $13,000,000. However, due to lack of available funds, the awards were not paid until 2022. The Fund balance was sufficient to pay them in full.
Claims filed during the 2021 Annual Claims Periods
There were 455 claims filed during the 2021 annual claims period and awards were issued for 332 claims. The aggregated total of the awarded amounts for the 332 claims was $72,915,000. The Fund balance was sufficient to pay them in full. The Division mailed the payments by September 30, 2022.
Claims filed during the 2022 Annual Claims Periods
There were 2,118 claims filed during the 2022 annual claims period and awards were issued for 1,748 claims. The aggregated total of the awarded amounts for the 1,748 claims was $148,450,000. The available appropriation allowed for a 40% pro rata payment. The Division mailed the payments by September 30, 2023.
Claims filed during the 2023 Annual Claims Periods
There were over 2,545 claims filed during the 2023 annual claims period. Claims are pending and under review.