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The following persons can make a claim against the Tort Victims′ Compensation Fund:
- A person who has obtained a final money judgment in a personal injury or wrongful death lawsuit in which all appeals are final, but who has been unable to collect the full amount of the judgment.
- A person whose claim for personal injury or wrongful death was settled for the tortfeasor's policy limits of liability insurance, and those policy limits are inadequate to cover the amount of damages due to the personal injury or wrongful death.
- A person whose claim for personal injury or wrongful death has been unsuccessful due to the tortfeasor′s bankruptcy.
- If the uncompensated tort victim is deceased, the surviving spouse or certain other family members of the deceased may make a claim.