Prevailing plaintiffs in civil tort cases who are unable to collect or enforce judgments are considered uncompensated tort victims under the bill's provisions. Awards may not be greater than the amount determined by the jury for any plaintiff found to be contributorily or comparatively negligent. The bill specifies procedures for filing claims and appealing determinations. If there are insufficient funds for the division to pay all claims, the claims must be paid on a pro rata basis. Cases resolved by arbitration, mediation, or compromise settlement as well as attorney fees and expenses are not subject to the collection procedures.
Supporters say that legislation is necessary to distribute money from the fund.
Spending part of the fund to support legal services for impoverished individuals is a worthwhile use of the money, particularly because funding for legal services has been substantially diminished in recent years. In addition, the bill will allow the Division of Workers' Compensation to allocate awards to tort victims. There was no opposition voiced to the committee. The treasurer is authorized to distribute money from the Legal Services for Low-Income People Fund to legal services organizations in Missouri that receive federal Legal Services Corporation funding. Funds must be allocated according to the most recent official census data relating to the location of Missouri residents living at or below the poverty level.