Vermont Personal Injury Laws

The cause of action accrues on the date of discovery of the injury, not necessarily the date the injury occurred. This is built into the statute itself.

Wrongful death actions must be commenced within 2 years from the discovery of the death. If homicide charges are found, the period extends to 7 years.

If the person entitled to bring an action is a minor at the time the cause of action accrues, the statute of limitations is tolled during the period of minority.

Vermont does not impose a statutory cap on compensatory damages in personal injury cases.

Vermont does not have a statutory cap on punitive damages. Punitive damages require evidence of malice, gross negligence, or intentional misconduct. Courts follow U.S. Supreme Court proportionality guidance.

Vermont has abolished joint and several liability. Where recovery is allowed against more than one defendant, each defendant is liable only for their proportional share of the total damages based on their percentage of causal negligence.

The personal representative of the deceased may bring a wrongful death action within 2 years of the discovery of the death. Damages may include loss of future earnings, companionship, and funeral expenses.