Vermont Wrongful Death Lawyer

Who brings a wrongful death claim in Vermont?

In Vermont, the personal representative of the estate brings the wrongful death claim. Any recovery is for the benefit of the surviving spouse and next of kin, not the general estate.

If no personal representative has been appointed, the probate division of the Vermont Superior Court can appoint one, often a spouse or adult child. That step takes time, so families should begin early. The personal representative acts for the whole family, so communication about the case and how any recovery will be shared is important.

What is the difference between a wrongful death claim and a survival claim?

A wrongful death claim compensates the family for its own losses. A survival claim recovers losses the person who died suffered before death, and it belongs to the estate.

The survival claim can include medical bills from the final injury and, in some cases, pain and suffering before death. The wrongful death claim focuses on the family's losses, such as lost financial support and lost services. Vermont also recognizes the loss of companionship in certain close family relationships, including between parents and children. Funeral and burial costs are commonly recovered. Our national wrongful death page explains how these losses are proven.

Why is the Vermont deadline easy to miss?

Because it is shorter than the deadline for most Vermont injury lawsuits. Wrongful death claims generally must be filed within 2 years, while most personal injury claims have 3.

Families who know about the 3-year injury deadline may assume they have the same time after a death. If the person was injured and later died, the family may have both a survival claim and a wrongful death claim, with different timing. If the death involved medical care, the certificate of merit and expert review add time. Our Vermont medical malpractice page explains those steps.

How does fault affect a Vermont wrongful death recovery?

Vermont reduces the recovery by any share of fault assigned to the person who died and bars it if that share is more than 50 percent.

Imagine a man killed on US 2 when a pickup crosses the center line on an icy curve. The family's damages are 1,200,000 dollars. The insurer argues he was driving too fast for the conditions.

• If the jury assigns him 10 percent fault, the family recovers 1,080,000 dollars.
• If the jury assigns him 51 percent, the family recovers nothing.

Vehicle data, road condition records and the location of debris can show which vehicle crossed the line. Securing that evidence quickly matters, since the person who died cannot tell their side. State and town sanding records for that stretch of road can also show whether the curve was treated, which helps answer the claim that he should have driven more slowly.

What if there is a criminal case or a drunk driver?

A criminal case is separate from the civil wrongful death claim, and the 2-year deadline keeps running regardless of the criminal schedule. If an impaired driver caused the death, Vermont's dram shop law may also allow a claim against whoever sold or furnished the alcohol.

The state prosecutes to punish; the family sues for compensation, using a lower standard of proof. A conviction can be strong evidence, but a family can win even if the criminal case ends in a plea to a lesser charge. A dram shop claim requires proof that alcohol was served to a visibly intoxicated person, and it can add an important source of insurance when the driver carries only basic limits.

Which deaths most often lead to claims in Vermont?

Fatal crashes on rural highways are the most common, along with workplace and farm deaths, medical errors and outdoor accidents.

• Head-on crashes on two-lane roads, often involving winter conditions.
• Logging truck and tractor-trailer crashes.
• Deaths on farms or in logging operations, where workers' compensation applies but outside companies may also be sued.
• Medical deaths in hospitals or nursing homes.

1. Request the death certificate and any crash or incident report.
2. Keep medical, funeral and burial bills.
3. Begin the process of appointing a personal representative.
4. Refer insurance adjusters to your lawyer.

For broader state rules, visit our Vermont injury law hub. We offer a free case review, and no fee unless we win.