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Tort Victim Compensation Fund Offers Opportunities for Victims of Sexual Abuse and Domestic Violence to Obtain Financial Compensation

A common impediment to recovering money for victims of sexual abuse or other violent crimes is that a perpetrator may not have money or assets.   

The Tort Victim Compensation Fund (TVCF) was established in 1987 to provide compensation to individuals who have been injured but have been unable to collect on their personal injury or wrongful death judgments because the tortfeasor had no insurance coverage or other funds to pay the judgment.  The TVCF is funded by punitive damage awards in civil case but it has been underfunded since its creation.  In the last few years, payouts have been only $0.34 to $0.44 on the dollar for a judgment and the total available in the fund each year has ranged from $2 million to $5 million.  This year, however, after a $2.1 billion judgment against Johnson & Johnson became final, $480 million dollars from the punitive damages award was paid into this fund.

This is an incredible opportunity for crime victims to access much deserved financial compensation.  The maximum amount paid out on any judgment through the TVCF is $300,000.  While in many cases, this is not nearly enough for the horrors a victim has endured, it is substantial enough to help victims begin to heal and rebuild their lives. 

Victims who have traditionally been left behind due to the perpetrators not having money, now have a mechanism to seek compensation.  Victims in child and adult sex cases (or any violent crimes) where a defendant is sentenced to an extended period of time in the DOC might be eligible to recover through the TVCF.  A final civil judgment generally must still be obtained prior to making a TVCF claim.  Strict statute of limitation apply to civil clams.  

Contact Donelan Law, LLC to find out your legal options. 



 

Location: Springfield, MO, USA

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