Losing a loved one because of someone else’s carelessness or misconduct is heartbreaking. In Vermont, wrongful death laws give surviving family members the right to seek compensation for their loss. These laws provide a legal path to pursue justice and recover financial support for those left behind after a preventable death.
Who Can File a Wrongful Death Claim in Vermont?
In Vermont, a wrongful death lawsuit must be filed by the personal representative of the deceased’s estate. This is often named in the will or appointed by the court. Although the personal representative handles the legal process, any financial compensation benefits the surviving spouse, children, parents, or other next of kin, depending on the circumstances.
What Is Considered a Wrongful Death?
A wrongful death in Vermont occurs when someone dies as a result of another party’s negligent, reckless, or intentional actions. Common examples include:
- Motor vehicle accidents
- Medical malpractice
- Dangerous property conditions
- Defective products
- Workplace injuries
- Criminal acts
If the deceased could have filed a personal injury lawsuit had they survived, their family or estate can usually pursue a wrongful death claim.
What Compensation Is Available?
Families may be eligible for various forms of compensation, including:
- Funeral and burial expenses
- Medical costs related to the fatal injury
- Loss of the deceased’s expected earnings and financial support
- Loss of companionship, care, and guidance
- Pain and suffering experienced by the deceased before death
- Loss of household services provided by the deceased
In certain cases, punitive damages may be awarded if the defendant’s actions were particularly reckless or intentional.
Time Limits for Filing
Vermont’s statute of limitations for wrongful death lawsuits is two years from the date of the person’s death. If the case is not filed within that time frame, you may lose the right to pursue compensation.
Some exceptions may apply, particularly in cases involving medical malpractice or if the cause of death wasn’t immediately known. Speaking with an attorney early can help ensure you meet all deadlines.
Car Accidents and Wrongful Death in Vermont
Car accidents are a major cause of accidental deaths in Vermont. If your loved one died due to a crash caused by a negligent driver—such as someone who was speeding, distracted, or impaired—you may have grounds for a wrongful death lawsuit.
Vermont uses a modified comparative fault rule. If your loved one was less than 51% at fault, your family can still recover damages. However, the compensation may be reduced based on their share of fault.
Workplace Fatalities and Legal Options
If your family member died on the job, workers’ compensation death benefits may be available to help with burial expenses and partial wage replacement. However, you may also have a separate wrongful death claim if someone other than the employer—such as a subcontractor or equipment manufacturer—was responsible for the fatal incident.
Frequently Asked Questions About Wrongful Death in Vermont
Can I file a claim if the responsible party was never arrested?
Yes. A wrongful death case is a civil lawsuit, not a criminal one. You don’t need a criminal conviction to hold someone financially responsible in civil court.
Who receives the money if we win the case?
Although the estate representative files the case, the damages are distributed to eligible beneficiaries—typically the spouse, children, parents, or other next of kin—based on state law and the court’s direction.
What if the deceased had no will?
If no will exists, the court will appoint a personal representative to file the claim. The compensation will still go to the appropriate family members according to Vermont’s inheritance laws.
Is there a limit to how much we can recover?
Vermont does not impose a general cap on wrongful death damages, although some limits may apply to certain types of claims like medical malpractice. The total amount depends on the circumstances of the case.
Speak With a Vermont Wrongful Death Attorney
If your loved one died due to someone else’s negligence or wrongdoing, you don’t have to handle everything on your own. A Vermont wrongful death attorney can explain your options and help you pursue fair compensation for your loss. Reach out today for a free consultation to learn how the law may support your family.