Wrongful Death Lawsuits in Vermont
Who can bring a wrongful death claim in Vermont, the deadline to file, and any limits on damages.
Short answer: The action is brought in the name of the personal representative of the person who died, for the benefit of the spouse and next of kin. Damages are based on pecuniary (financial) injuries to the spouse and next of kin; 14 V.S.A. § 1492
| Who can sue for wrongful death | The action is brought in the name of the personal representative of the person who died, for the benefit of the spouse and next of kin. Damages are based on pecuniary (financial) injuries to the spouse and next of kin; for the death of a minor child, they also include loss of love and companionship and destruction of the parent-child relationship. The personal representative distributes the recovery in proportion to each person's loss, as decided by the Superior Court after notice and a hearing; if there is a spouse but no children, the spouse receives it all, and a parent who abandoned the child is excluded in favor of the other parent. Source: 14 V.S.A. § 1492 |
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| 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) |
More Vermont personal injury & wrongful death
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FAQ
Who can file a wrongful death lawsuit in Vermont?
The action is brought in the name of the personal representative of the person who died, for the benefit of the spouse and next of kin. Damages are based on pecuniary (financial) injuries to the spouse and next of kin; for the death of a minor child, they also include loss of love and companionship and destruction of the parent-child relationship. The personal representative distributes the recovery in proportion to each person's loss, as decided by the Superior Court after notice and a hearing; if there is a spouse but no children, the spouse receives it all, and a parent who abandoned the child is excluded in favor of the other parent.
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.
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.