Vermont's Wrongful Death Law
When a person dies because of another's negligent, reckless, or intentional conduct, Vermont's wrongful death statute (14 V.S.A. § 1492) allows the personal representative of the estate to bring a claim for the benefit of the surviving spouse, children, and other next of kin. These claims arise from fatal car and truck crashes, medical errors, defective products, workplace accidents, and other preventable tragedies.
Vermont law recognizes that the losses are not only financial. Recoverable 'pecuniary injuries' under Vermont case law can include the loss of the deceased's earnings and services as well as the loss of companionship, care, and guidance the family has suffered.
Who May Recover and What
The claim is brought by the estate's personal representative, but the recovery is for the family. Damages may include lost financial support and benefits, the value of lost services, funeral and burial expenses, and compensation for the loss of the love, companionship, and guidance the deceased provided. In cases of especially egregious conduct, additional damages may be available.
Sorting out who is entitled to recover and how damages are allocated can be legally complex, particularly in blended families. Compassionate, experienced counsel can guide your family through the process while protecting your rights.
Time Limits and Taking Action
Vermont generally requires a wrongful death action to be brought within two years from the date of death, though related claims and circumstances can affect the timeline. Because deadlines and evidence preservation are critical, families are encouraged to speak with an attorney as soon as they are able. We handle these conversations with care and never charge a fee unless there is a recovery.
Injured in Vermont? Get a free, confidential case review today. There's no obligation, and you pay no fee unless you win. Call 973-566-5599.
Frequently Asked Questions
Nothing upfront. Our network attorneys work on contingency, so you pay no fee unless they recover compensation for you. The case review is always free.
Generally three years from the date of injury under 12 V.S.A. § 512. Claims involving a government entity under the Vermont Tort Claims Act can have shorter notice deadlines, so it is important to act quickly.
Vermont's modified comparative negligence rule (12 V.S.A. § 1036) lets you recover as long as you were not more than 50% at fault. Your compensation is reduced by your share of fault.
This page is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Vermont attorney.