The Process of Filing a Car Accident Lawsuit in Vermont
Car accidents are one of the most common causes of injury in Vermont. However, that doesn’t make a car accident any less shocking. If you’ve suffered injuries in a crash, you may have dozens of questions about what happens next. It is normal to wonder how to recover compensation for the losses you’ve incurred. A Vermont car accident lawyer can help walk you through the process, but we’re going to cover the basics here.
Vermont is an at-fault car insurance state. This means that after a crash you can seek compensation from the insurance party of the at-fault driver. You may even file lawsuit directly against the responsible driver.
Here’s what you need to know:
Statute of Limitations for Filing a Car Accident Lawsuit
You must bring forth all claims within a set amount of time, known as the statute of limitations. Car accident lawsuits fall within the realm of personal injury suits. In these cases, the statute of limitation is three years from the date of the cause of action. If the car accident results in death, the statute of limitations decreases to two years from the date of death. If claims are not brought forth within the statute of limitations, a plaintiff cannot get recovery.
Vermont Modified Comparative Negligence
It is common to file a lawsuit to recover compensation after a car accident. But if you do, it is important that you understand Vermont’s modified comparative negligence rule. As long as you were 50 percent or less at fault for the accident you can still recover compensation. However, your degree of fault will reduce compensation in proportion with how responsible you are. For example, if you were 10 percent to blame for your accident, you can only hold the other party liable for 90 percent of your damages.
Filing a Car Accident Claim vs. Lawsuit
Again, you have the right to bring forth a car accident claim or a personal injury lawsuit against the at-fault party. Most of the time, the first step is to file a claim with the responsible party’s insurance company. If sides cannot reach a fair settlement amount, filing a lawsuit and bringing your case to court is typically the next step. However, keep in mind that going to court can be emotional, time-consuming, and expensive; as such, resolving a dispute through negotiation or mediation out of court is often ideal.
Damages Recoverable in a Car Accident Lawsuit
When you file a lawsuit after a car accident, you can seek compensation for the full extent of damages you have suffered. This includes compensation for the value of property damage, medical expenses, lost wages, future medical costs and lost earnings, and even noneconomic losses like pain and suffering. Your attorney can help you to determine what your claim is worth and how much you should ask for from the insurance company.
Call Sabbeth Law Today
To start the process of bringing forth a car accident claim or lawsuit in Vermont, call the experienced personal injury attorneys at the offices of Sabbeth Law today. A consultation with our attorneys is always free, and we have the skill set you can depend upon. Contact us today.