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How a Rutland Personal Injury Attorney Can Help With Your Case
Getting hurt in an accident can be devastating.
This is especially true when your injuries leave you debilitated and unable to work.
In many cases, accidents happen because of someone else’s negligence. Many times, another person’s careless or reckless behavior causes an accident.
In this cases, it is extremely important to work with an aggressive and compassionate personal injury lawyer.
They can help you to seek the financial compensation you deserve.
Reach out to Sabbeth Law for a free consultation today.
Medical bills can add up quickly, and with lost wages, an accident can cost you and your family thousands of dollars. An advocate at Sabbeth Law can get started on your case today.
Types of Personal Injury Cases We Handle in Rutland, Vermont
Personal injury is a broad area of the law. It allows injury victims to seek financial compensation after another party’s error, carelessness, or harmful action causes injuries. There are many distinct accidents and injuries that lead to personal injury claims. Our attorneys regularly assist clients with numerous kinds of cases.
At Sabbeth Law, we handle many different types of personal injury cases, including but not limited to the following:
- Automobile accidents;
- Motorcycle accidents;
- Truck accidents;
- Pedestrian accidents;
- Workplace injuries;
- Product defects and product liability claims; and
- Medical mistakes and medical malpractice.
If you have questions about filing a personal injury claim, you should reach out to a personal injury attorney serving clients in Vermont and New Hampshire as quickly as possible. The sooner you get started on your claim, the sooner you may be able to receive compensation for your losses.
Filing Your Rutland Personal Injury Lawsuit on Time
When you suffer personal injuries, it is important to know that there is a strict legal time limit for filing a lawsuit. The statute of limitations establishes this time limit. Under Vermont law (12 V.S.A. § 512), you must file most personal injury claims within three (3) years of the date of the injury. If you fail to file your lawsuit within three years from your injury date, the law bars you from filing a claim.
For example, an injury car accident that occurred on June 1, 2018, Vermont law gives you three years from that date to file your claim. While three years may seem like quite awhile, you should begin working with a personal injury attorney as soon as possible. By getting started early, you can ensure that witness statements are fresh and that evidence is well preserved. The more time that goes by, the more difficult it can be to gather evidence to support your case.
Damages in a Personal Injury Claim in Rutland
If you do file a Rutland personal injury lawsuit and are successful, what kind of damages award can you expect to receive? Generally speaking, injury victims can obtain compensatory damages, which compensate a person for his or her losses. There are two different kinds of compensatory damages:
- Economic damages: this type of damages award compensates a victim for economic, or financial, losses such as medical bills and lost wages; and
- Non-economic damages: this type of damages award compensates a victim for non-economic losses or those that are subjective or intangible in nature such as pain and suffering or emotional distress.
Under Vermont law, if a state employee is the liable party, there is a damages cap of $500,000 per person and $2,000,000 per accident. Otherwise, there is no damages cap that limits the amount a plaintiff can receive in a personal injury lawsuit. Common damages in personal injury claims include:
- Hospital bills;
- Surgery costs;
- Follow-up doctor’s appointment fees;
- Rehabilitative therapy;
- Medical supplies;
- Prescription medications;
- Property damage such as automobile repairs;
- Lost wages from the injury victim’s inability to work;
- Pain and suffering; and
- Emotional distress.
Understanding How Vermont’s Comparative Fault Law Can Impact Your Personal Injury Case
In some situations, a plaintiff may wonder about whether her own fault will affect her ability to file a successful personal injury claim. For example, imagine a plaintiff gets into a motor vehicle collision. The accident results largely from the defendant running a red light while speeding and crashing into the plaintiff’s car. However, at the time of the crash, the plaintiff had been updating her GPS and was slightly distracted. Can the plaintiff’s partial fault change the outcome of a personal injury case?
Plaintiffs in Rutland should know that Vermont law (12 V.S.A. § 1036) follows a “modified comparative negligence” rule. As long as the plaintiff is not 51 percent or more responsible for her injuries, then she can still recover damages. However, Courts will reduce damages by her portion of the fault. Once a plaintiff is 51 percent or more responsible, however, she cannot recover anything.
In the example given above, let’s say that a jury determines the plaintiff was 20 percent responsible for her injuries. The jury awards the plaintiff $500,000 in total for her compensatory damages award. That amount is then reduced by her percentage of the fault, which is 20 percent. As such, the plaintiff would recover $400,000 (or $500,000 – $100,000, the latter of which is 20 percent of the total). Even if the plaintiff is 50 percent responsible, she can still recover but her award would reduce 50 percent, or by $250,000 in the scenario above. Once the jury says the plaintiff is 51 percent or more to blame, she cannot receive any damages.
Comparative negligence, or comparative fault, is a defense raised by the defendant to avoid paying the plaintiff. Your Rutland personal injury attorney can help to show that you were not responsible for your injuries and that you deserve full compensation for your losses.
Contact a Rutland Personal Injury Attorney As Soon As Possible
Injured in an accident in Vermont?
Was a loved one hurt because of another party’s negligence?
It is extremely important to work with an aggressive Rutland personal injury attorney on your case. A dedicated advocate at our firm can begin working on your claim today. Contact Sabbeth Law to learn more about the services we provide to personal injury victims in Rutland, Vermont.