How long do you have to file an injury lawsuit in Vermont? Learn the three-year deadline under 12 V.S.A. § 512, the discovery rule, and the shorter deadlines that can catch victims off guard.
The General Rule: Three Years
In Vermont, most personal injury lawsuits must be filed within three years of the date of injury under 12 V.S.A. § 512. This applies to car and truck crashes, slip and falls, dog bites, and many other claims. Miss the deadline and a court will almost certainly dismiss your case, no matter how strong it is.
Three years can feel like plenty of time, but it passes quickly when you are recovering from a serious injury, dealing with insurers, and trying to return to work. Evidence also fades: witnesses move, footage is overwritten, and memories blur. The practical deadline to start building a strong case is far sooner than the legal deadline to file.
The Discovery Rule
Vermont recognizes a discovery rule that can delay the start of the clock when an injury is not immediately apparent. In some cases the three years may begin when you knew, or reasonably should have known, of the injury and its cause rather than the date of the underlying event. These determinations are fact-specific and frequently disputed.
Shorter Deadlines to Watch
Some claims carry much shorter timelines. Claims against a town, a school district, or the state may fall under the Vermont Tort Claims Act and require prompt notice. Wrongful death claims and certain medical malpractice timelines also differ. Because the wrong assumption about a deadline can end a valid claim, it is wise to confirm the exact timeline early.
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This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Vermont attorney.