Vermont Personal Injury Laws and Statutes of Limitations

Vermont's statute of limitations for personal injury lawsuits, the "modified comparative negligence" rule, and more state laws that could affect your personal injury case.

By , J.D. · University of San Francisco School of Law
Updated by Dan Ray, Attorney · University of Missouri–Kansas City School of Law

If you're involved in any kind of accident in Vermont, from a car crash to an in-store slip and fall, a number of state laws could have a big impact on any injury-related insurance claim or lawsuit you decide to pursue.

In this article, we'll discuss Vermont's statute of limitations deadline for filing a personal injury lawsuit, where these kinds of cases are usually filed, Vermont's "modified comparative negligence" rule, and much more.

Vermont's Statute of Limitations for Personal Injury Lawsuits

All states set limits on the amount of time you have to file a lawsuit in court, with deadlines that differ depending on the type of case you want to file. These laws are known as statutes of limitations.

The general rule for personal injuries is three years. In Vermont, the statute of limitations for personal injury cases gives you three years to file your lawsuit in court. The statute of limitations clock usually starts to run on the date of the accident or incident that caused your injury. But if you don't know right away that you've been injured, the clock might not start until you discover your injury. (Vt. Stat. tit. 12, § 512 (2024).)

Special deadlines might apply in certain cases. In some cases, special deadlines might apply. For instance, in medical malpractice cases, you can file suit within the later of:

  • three years from the date of the malpractice, or
  • two years from the date you discovered, or should have discovered, your malpractice-related injury.

But Vermont has enacted another time limit, called a "statute of repose," in medical malpractice cases. Regardless of when (or if) you discover that you've been injured, the latest you can sue is seven years after the date of the malpractice. To complicate matters still more, there are two exceptions to the statute of repose:

  • when the malpractice is fraudulently concealed from you, there's no deadline on your right to sue, and
  • when a foreign object is carelessly left inside your body, you have two years to file suit after the date you discover it.

(Vt. Stat. tit. 12 § 521 (2024).)

(Learn more about Vermont medical malpractice lawsuits.)

Can the Personal Injury Statute of Limitations Deadline Be Extended In Vermont?

In a few situations, the statute of limitations clock might pause, effectively extending the filing deadline. These include:

What If I Miss the Statute of Limitations Deadline in Vermont?

It's crucial that you understand and comply with Vermont's personal injury lawsuit deadlines. If you try to file your lawsuit after the limitation period has closed and there's no exception that gives you more time, the court likely will refuse to hear your case. You'll be left without any kind of legal remedy for your injuries and all related losses.

Don't Try to Compute the Deadline on Your Own

Statutes of limitations are among the most complex and difficult to understand of all laws. It's easy to make what can prove to be a very costly mistake. If you're not absolutely certain about the filing deadline for your case, don't chance it. Contact a Vermont personal injury lawyer for advice tailored to your circumstances. And don't delay: Time is the enemy of personal injury claims.

Where Do I File a Personal Injury Lawsuit In Vermont?

A personal injury attorney will handle the ins and outs of filing your case. But generally speaking, personal injury lawsuits are filed in Vermont Superior Court, which hears most civil court trials in the state. There's one Superior Court for each of Vermont's 14 counties. Learn more about Vermont's Court Divisions.

If your injuries were minor and you're seeking less than $5,000 from the person you're suing, you might consider Vermont's small claims court.

(Get more details on how to file a personal injury lawsuit.)

What If I'm Partly at Fault for My Injury in Vermont?

If your personal injury lawsuit makes it all the way to trial (a rare occurrence in Vermont or any other state) and the judge or jury decides that you're partly at fault for the incident that led to your injury, Vermont's "modified comparative negligence" rule can reduce your compensation—or eliminate it altogether.

Here's how it works. If you're found to be 50% or less negligent, any damages you're awarded will be reduced by an amount equal to your share of the total negligence. If you're more than 50% to blame, you can't collect any damages. (Vt. Stat. tit. 12 § 1036 (2024).)

Example: Vermont's Modified Comparative Negligence Rule

Say you're crossing the street outside of a designated crosswalk when you're hit by a car that's traveling over the posted speed limit. You file a lawsuit for your injuries. The case reaches the trial stage, and the jury decides:

  • you're 40 percent at fault for the accident
  • the driver is 60 percent at fault, and
  • your total damages (medical bills, lost wages, pain and suffering, and more) add up to $30,000.

Under Vermont's modified comparative negligence rule, your $30,000 award is reduced by $12,000—or 40%, the share of fault assigned to you. The court will order the driver to pay you $18,000. What's the result if the jury finds you were 51% or more to blame? Under Vermont's modified comparative fault rule, you'd collect zero damages for your injuries.

Will Vermont's Comparative Negligence Rule Apply to My Insurance Claim?

Technically, no. Vermont's courts are required to follow the state's comparative negligence rule only when an injury lawsuit makes it to trial. There's no requirement in Vermont law that the state's comparative negligence rule must be applied to an insurance claim that settles out of court. But practically speaking, don't be surprised if the insurance adjuster brings up Vermont's comparative negligence rule during injury claim settlement negotiations.

Insurance companies tend to approach settlement with an eye toward what might happen if the case ends up in court. In other words, there's no reason why an insurer wants to settle your claim for more than what it thinks it might be ordered to pay at trial. Since the comparative negligence rule applies in court, insurance companies are likely to take it into account when valuing your claim for settlement purposes, too.

Are There Caps on Vermont Personal Injury Damages?

Many states have enacted statutory limits, or "caps," on the amount of compensation an injured person can receive in court, even if their lawsuit is successful. For example, a favorite cap target is "noneconomic" damages, covering injuries like pain and suffering and emotional distress. Some states cap damages in all cases, while others limit caps to specific kinds of cases, like medical malpractice lawsuits.

Vermont only caps damages in injury claims against the government. If your injury was the result of the negligence of a state government agency or a state government employee in Vermont, the state's liability is capped at:

  • $500,000 for any one claimant, and
  • $2 million for all claimants injured in the same occurrence.

(Vt. Stat. tit. 12 § 5601 (2024).)

Note, importantly, that special rules (in addition to the damage caps) apply to claims against the government in Vermont. You should be represented by Vermont counsel with government claims experience.

Getting Help With a Vermont Personal Injury Case

We've covered some of Vermont's personal injury law basics here. But if you've been hurt by someone else's wrongdoing and you're thinking about an insurance claim or a lawsuit, there's much more you need to know. The time to learn about Vermont's laws and procedures isn't while you're trying to handle your own personal injury case. You can bet that the other side will be represented by experienced counsel. To make it a fair fight, you should be, too.

When you're ready to move forward with your case, here's how to find an attorney who's right for your case.

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