Deadlines to File an Injury Lawsuit in Vermont
How long you have to sue in Vermont for an injury, property damage, medical malpractice or wrongful death, and the shorter deadline for claims against the government.
Short answer: Three years after the cause of action accrues for injuries to the person caused by another's act or default. The claim is treated as accruing on the date the injury is discovered. 12 V.S.A. § 512(1)–(4)
| Deadline to sue for an injury | Three years after the cause of action accrues for injuries to the person caused by another's act or default. The claim is treated as accruing on the date the injury is discovered. Assault and battery, false imprisonment, and slander and libel also have a three-year deadline. Source: 12 V.S.A. § 512(1)–(4) |
|---|---|
| Deadline to sue for property damage | Three years for damage to personal property (such as a car) caused by another's act or default. Source: 12 V.S.A. § 512(5) |
| Medical malpractice deadline | Three years from the date of the incident, or two years from when the injury is or reasonably should have been discovered, whichever is later, but no later than seven years from the incident. No deadline applies where fraudulent concealment prevented the patient from discovering the negligence. If a foreign object left in the body is not discovered within the limitation period, the action may be filed within two years after it is discovered. Source: 12 V.S.A. § 521 |
| Wrongful death deadline | Two years from the discovery of the death. If the defendant is out of state, the time may be extended. If there is probable cause to charge someone with homicide for the death, the deadline is seven years after discovery of the death or two years after the criminal judgment becomes final, whichever is later. Source: 14 V.S.A. § 1492(a) |
| Suing the government | The State of Vermont is liable for injuries caused by the negligent or wrongful acts of state employees acting within the scope of employment, in the same way as a private person, with suits filed in the Superior Court. State liability is capped at $500,000 per person and $2,000,000 per occurrence. The claim must be brought against the State, not the individual employee, unless the employee acted with gross negligence or willful misconduct. Discretionary functions and certain other claims are excluded. Source: 12 V.S.A. §§ 5601, 5602 |
More Vermont personal injury & wrongful death
- Wrongful Death Lawsuits in Vermont
- Medical Malpractice Rules in Vermont
- Car Accident Claims in Vermont
- Dog Bite Liability in Vermont
- Motorcycle Accident Claims in Vermont
- Pedestrian Accident Claims in Vermont
- Bicycle Accident Claims in Vermont
- Uber and Lyft Accident Claims in Vermont
- Truck Accident Claims in Vermont
- Construction Site Injuries in Vermont
- All Vermont personal injury & wrongful death rules
FAQ
What is the statute of limitations for personal injury in Vermont?
Three years after the cause of action accrues for injuries to the person caused by another's act or default. The claim is treated as accruing on the date the injury is discovered. Assault and battery, false imprisonment, and slander and libel also have a three-year deadline.
How long do you have to sue for property damage in Vermont?
Three years for damage to personal property (such as a car) caused by another's act or default.
What is the statute of limitations for medical malpractice in Vermont?
Three years from the date of the incident, or two years from when the injury is or reasonably should have been discovered, whichever is later, but no later than seven years from the incident. No deadline applies where fraudulent concealment prevented the patient from discovering the negligence. If a foreign object left in the body is not discovered within the limitation period, the action may be filed within two years after it is discovered.
How long do you have to file a wrongful death lawsuit in Vermont?
Two years from the discovery of the death. If the defendant is out of state, the time may be extended. If there is probable cause to charge someone with homicide for the death, the deadline is seven years after discovery of the death or two years after the criminal judgment becomes final, whichever is later.
How do you file an injury claim against the government in Vermont?
The State of Vermont is liable for injuries caused by the negligent or wrongful acts of state employees acting within the scope of employment, in the same way as a private person, with suits filed in the Superior Court. State liability is capped at $500,000 per person and $2,000,000 per occurrence. The claim must be brought against the State, not the individual employee, unless the employee acted with gross negligence or willful misconduct. Discretionary functions and certain other claims are excluded.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.