Nothing is more tragic than the untimely death of a loved one, especially when it was due to someone else’s recklessness or negligence. We understand that during such a difficult time, the last thing you want is to have to research and figure out the myriad laws, rules, and regulations for wrongful death cases in Vermont, so we’ve put together a list of frequently asked questions that we often receive for wrongful death cases.

What is considered a Wrongful Death under Vermont law?

Vermont law states that a wrongful death is a death resulting from the "wrongful act, neglect, or default” of another. Companies, hospitals, employers and individual persons may all be held responsible for causing a person’s death. Examples of types of wrongful death claims in Vermont include but are not limited to:

• Medical malpractice

• Vehicular manslaughter

• Drunk driver cases

• Reckless or aggressive driving

• Bicycle and pedestrian accidents

• Prescription mistakes

• Negligent caregivers

• Workplace accidents

• Construction site accidents

• Sports and recreation fatalities

• Travel industry accidents

• Assault and battery deaths

• Homicide

• Drowning deaths

How long do I have to file a Wrongful Death claim in Vermont?

In Vermont, a wrongful death claim must be filed within:

• 2 years of the return of the defendant to the state of Vermont, if the defendant is not within the state,

• 2 years of the date of conviction in a homicide case filed on the same facts, or 7 years from the date of death, and

• 2 years of the date of death in all other cases.

If the claim is not filed within these deadlines, the court will refuse to hear it. This is why it’s important to speak to a Vermont wrongful death lawyer as soon as possible to make sure your legal options are preserved.

How much is my Wrongful Death case worth?

This is a common, if difficult, question that comes up in every wrongful death case. Lawsuits are unpredictable, and wrongful death claims can be especially difficult to forecast. Sometimes the difference between a million-dollar settlement and a case with no award at all can be as small as a text message record or a photo from the day of the accident. How much your wrongful death claim is worth will depend on the facts of your case. No lawyer can provide a 100% guarantee of how much money you will win (and if they do, you should probably find a different lawyer) but we do know what kind of damages are possible:

• Economic damages for lost income. What kind of job did the decedent have? What were their earnings prospects for the future? When were they likely going to retire? How much did they financially contribute to other family members?

• Reimbursement for all expenses. How many hospital, medical, funeral, burial, or estate administration expenses were incurred?

• Non-economic damages for loss of services performed by the deceased. What contributions would wives, husbands, children, or parents have received from the decedent? Did the decedent provide family members with shelter, food, clothing, medical care, education, entertainment, gifts, or recreation?

• Non-economic damages for the destruction of relationships with loved ones, a surviving spouse, and children. Was there loss of love, companionship, care, or loss of a parent-child relationship?

As you can see, the value of a wrongful death claim can vary greatly from case to case, so it’s best to speak to a wrongful death attorney in Vermont who can examine the facts of your situation and provide honest feedback on your options.

Who receives the damages in a Wrongful Death case in Vermont?

In Vermont, wrongful death damages go to the decedent’s surviving spouse and next of kin. The damages are divided according to the amount of harm suffered by each surviving family member as a result of the decedent’s death (as determined by the court). If there is only a surviving spouse and no children, damages will be awarded directly to the spouse.

Is it a Wrongful Death if it happened at work?

Yes, a death on the job as a result of someone else's negligence may be considered a wrongful death, however the type of damages available to surviving family members are subject to Vermont workers' compensation laws. A typical wrongful death lawsuit pays both economic and non-economic damages to the decedent's estate and surviving family members; however if the person died at work, the estate and family may only be able to file a claim for workers' compensation.

In most cases a workers' compensation claim will not include non-economic damages such as those for the loss of companionship. This is why at Brady / Donahue we leave no stone unturned when it comes to identifying possible "third-party" claims against at-fault parties other than the decedent's employer. For example, one of the most common wrongful death workers' compensation claims is for commercial truck driving accidents and construction site accidents, industries that are highly regulated by strict work safety standards from OSHA and DOT, and if tools or machines were involved, this may involve a potential third-party liability of a manufacturer.

Contact a Wrongful Death Lawyer near me

Brady / Donahue has successfully represented clients in wrongful death cases across Central and Southern Vermont. As experienced wrongful death and personal injury attorneys in Vermont, we hold negligent parties accountable. We understand that no money will ever make up for the loss of a loved one, but it can help ease the stresses of surviving family members as they deal with funeral expenses, lost income, medical bills, and more. We’re here to help with sensitivity and compassion as you seek justice for your loved one during a difficult time. If you have any additional questions related to Wrongful Death lawsuits in Vermont, please contact us today.