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Tort Victims Compensation Claims
Tort Victims Compensation Claims (T.V.C.C.)
Tort Victims Compensation claims are for individuals who have been injured by the negligence or recklessness of another and whose personal injury claim has been inadequately compensated. To qualify, the responsible party’s insurance must be exhausted and the client’s own insurance has to have paid policy limits. Policies include uninsured motor vehicle, underinsured motor vehicle or other insurance.
A final judgment was entered in Missouri against Johnson & Johnson Corporation for 2.1 billion dollars for contaminated talc products that caused cancer. This judgment entered in 2021 has resulted in 480 million being paid into the Tort Victims Compensation Fund. 74% is mandated by law to be used to pay these claims once they are judicially determined. (Please note: This judgment was obtained by lawyers who are not connected with Kenneth A. Seufert or his law firm.)
$364.8 million is now available to pay claims filed by individuals injured by tortfeasors who have not been fully compensated. This would include claims caused by negligence or recklessness. Claims filed with the Tort Victims Compensation Fund are based on injured victims who because of
1. lack of resources by the tortfeasor, or,
2. inadequate tortfeasor insurance, or,
3. inadequate uninsured motor vehicle coverage, or,
4. inadequate underinsured motor vehicle coverage, or
5. exhaustion of all other types of insurance or other responsible parties resources
cannot make adequate money recovery to make injured victim whole.
Under certain circumstances, individuals often with the aid of an attorney can file a claim for Tort Victims’ Compensation for recovery after they have exhausted remedies against the tortfeasor, the tortfeasor’s insurance carrier or the injured party’s own personal insurance. Assuming the policy limits have been paid additional recovery can then be made. If such circumstances exist, it is possible to recover up to $300,000.00 per claim assuming you can prove damages exceed what was paid by the tortfeasor, the tortfeasor’s insurance carrier or the injured parties own personal insurance. Presently funds are available as result of the Johnson and Johnson punitive damage award. How long funds will last is unknown, but it is assumed that first come, first serve will apply.
There is a statute of limitations for filing said claims as follows:
1. Assuming a lawsuit was filed, the claim shall be filed not later than two (2) years after the judgment upon which it is based becomes final and all appeals are final.
2. If no lawsuit was filed, a tort claim, which is not a wrongful death
claim, must be filed within the five (5) year statute of limitations,
pursuant to RSMo. 516.120 (exceptions may apply).
3. If no lawsuit was filed and the tort resulted in the death of an
individual, then the claim must be filed by the wrongful death claimant(s) within three (3) years pursuant to RSMO 537.100 (exceptions apply).
Inquiries for Tort Victims Compensation Claims
If you have any questions or comments, feel free to schedule an appointment to see Mr. Seufert as soon as possible. If you had an attorney that represented you on your personal injury claim you may wish to consult with that attorney first. Mr. Seufert is willing to act as co-counsel with your original attorney on Tort Victims Compensation Claims. Your original attorney can assist him in filing these claims. You may wish to ask your original attorney to contact Mr. Seufert to discuss your right of additional recovery.
Our office will accept any referrals by any attorney of these type of cases. In so doing, I am willing to share legal fees based on a referral and continued participation by the referring attorney, albeit in a minor role.
No additional fees are paid by the client except out-of-pocket expenses and then only if there is a recovery. Feel free to call me or make an appointment to discuss the possibilities of filing a tort victims compensation claim. My office phone is (573) 756-7555. We have voice mail and if I am not available, ask to talk to Kathy Klusmeyer who is my paralegal who will be working on these cases with me. If she is not available, please leave a message and someone will call you by the next business day.
Contact us for more information and schedule your FREE appointment Today!
NOTICE:
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