Vermont Personal Injury Statute of Limitations

Posted by: Jul 10, 2017Articles & Advice

How Long Do I Have to File a Personal Injury Claim in Vermont?

Statute-of-Limitations-for-Medical-Malpractice-Lawsuits

Were you severely injured in an accident in Vermont? If so, you have a right to recover financial compensation from the responsible party. However, as the state of Vermont has a strict statute of limitations in place for personal injury claims, you need to take action as soon as possible. Here, our experienced Vermont personal injury lawyers discuss the state’s statute of limitations for the different types of personal injury claims.

 

Personal Injury Claims (Negligence)

In most cases, Vermont has a three-year statute of limitations for personal injury claims. To be clear, this means that the victim’s case must be initiated within three years, not that it has to be completely resolved within that time frame. Further, the three-year statute of limitations clock begins running on the date that the injured victim knew or should have known about their injuries.

Most often, the statute of limitations clock begins running on the date of the accident itself. Though, it is not uncommon for a victim to have injuries that develop with a delayed onset or that are internal and thus cannot be detected for some time; in such cases, the discovery rule allows the statute of limitations to be shifted.

 

Skiing and Snowboarding Accidents

In Vermont, skiing and snowboarding accidents that occur on designated trails are subject to a one-year statute of limitations. If an accident occurs at a ski resort, outside of a designated trail, there is typically no cause of action for the victim.

 

Medical Malpractice Claims

For medical malpractice claims, the victim has three years from the date of the malpractice, or two years from the date at which their injuries or medical complications should have reasonably been discovered to bring a claim. Notably, there is also a seven-year cap on all claims. This means that after seven years from the date of the alleged malpractice, no further claims can be brought, regardless of the date of discovery.

 

Wrongful Death Claims

For wrongful death cases, Vermont requires that eligible parties bring their legal claim within two years of the date of their loved one’s death. Wrongful death claims are also subject to the discovery rule. So, if the death is not knowable to the family members on the actual date, then the statute of limitations may be extended.

 

Special Considerations for Cases Involving Minors

Finally, it must be noted that the statute of limitations clock will generally not run on minors. With the exception of wrongful death claims, the statute of limitations clock for minors will run beginning on their 18th birthday. So, if a 17-year-old was injured in an auto accident in Woodstock, they would not be subject to the standard three-year statute of limitations until their next birthday.

Get Help From a Vermont Personal Injury Lawyer Today

At Sabbeth Law, our Vermont personal injury lawyers have helped many victims obtain full and fair compensation for their damages. To find out more about what we can do for you, please call us today at (802) 457-1112 to set up your free initial legal consultation. From our office in Woodstock, we serve victims throughout the region, including in Hartford, Bridgewater and Quechee.