Burlington comes alive in the summer and fall when visitors from all over the country flock to the city. It is no surprise why. Burlington is full of Vermont charm and boasts many restaurants and shops, as well as the beautiful Lake Chaplain shoreline. While a popular spot among tourists, residents here know that it has something to offer everyone all year round.
Unfortunately, things are not always so picturesque in Burlington. Accidents happen and when they do, people become seriously hurt. If you have been injured due to the negligent actions of another person, you can file a claim against them for damages. Our Vermont personal injury lawyer can help you claim the full settlement you are entitled to.
Proving Negligence After an Accident
Most people owe the other people around them a certain duty of care. Drivers, for example, have a duty to operate their vehicles in a reasonable manner that will keep people safe. Doctors have a duty of care to provide the best quality care to their patients. Property owners also have a legal duty to make sure people are kept safe on their premises. These are just a few legal issues that arise after an accident.
When people fail to fulfill their legal duty to keep others safe, they are considered negligent and can be held liable for paying compensation for any injuries that result. Most personal injury cases in Burlington rely on negligence or carelessness. Proving someone else was negligent and caused an accident resulting in injury is never easy. However, it is essential to your claim, so it is important to speak to a Burlington personal injury lawyer who can help you prove your case.
Comparative Negligence in Burlington
There are times when more than one person may be at fault for an accident. For example, you may be texting on your phone while driving through an intersection. This prevents you from seeing a motorist coming the other way, who is not slowing down for the red light. After they crash into the side of your car, you may both be found liable because you were both acting carelessly.
In this instance, both drivers would be assigned a certain percentage of fault. Running a red light is generally considered more serious than texting while driving. As such, the driver that hit you may be assigned 80 percent of the fault while you would carry 20 percent of the blame. Under the modified comparative negligence law in Vermont, you can still claim damages even if you contributed to an accident. Any compensation you are awarded will be reduced by the same percentage of fault. If it is found that you were more than 50 percent at fault, you lose your right to claim any damages at all.
The Time Limit on Personal Injury Claims in Burlington
Like all other states, Vermont imposes a statute of limitations, or time limit, on personal injury claims. If you do not file your claim before the time limit expires, you will probably lose your right to any monetary damages at all. In Burlington, as throughout the rest of the state, you only have three years from the date of the accident to file your claim.
Although the statute of limitations governing personal injury claims seems fairly straightforward, it is not. There are situations that could toll, or delay, the statute of limitations in your case. For example, if in a medical malpractice case you did not discover your injuries right away, the clock on the statute of limitations starts ticking on the day you discovered your injuries or the day you should have discovered your injuries. Additionally, if a child is hurt by someone else’s negligence and a claim is not filed on their behalf when they are still a minor, they have three years from the date of their 18th birthday to file a claim.
Additionally, certain types of personal injury cases have different statutes of limitations. For example, in wrongful death cases, the statute of limitations is reduced to just two years from the date of death, not the date of the accident.
Our Personal Injury Lawyer in Burlington Can Advise You of Your Legal Options
If you have been hurt due to someone else’s carelessness, our Burlington personal injury lawyer at Sabbeth Law can help. We know how to determine who is to blame for your injuries and will hold them fully accountable for paying the full financial compensation you justly deserve. Call us now at (802) 457-1112 or reach out to us online to schedule a free consultation.
“Immediately after my son’s injury at work, he was treated poorly. Over the course of the next few days it became even worse, so I called Mike and he and Crystal have been absolute lifesavers during the process. Mike is not your typical stuffed suit lawyer who only cares about the bottom line he genuinely cares about his clients and his assistant Crystal is beyond amazing! My thanks to you both!”
“Immediately after my son’s injury at work, he was treated poorly. Over the course of the next few days it became even worse, so I called Mike and he and Crystal have been absolute lifesavers during the process. Mike is not your typical stuffed suit lawyer who only cares about the bottom line he genuinely cares about his clients and his assistant Crystal is beyond amazing! My thanks to you both!”LUKE PARMENTER
“I could never ask for a better attorney, to fight for me, to believe in me, and have faith in me, than what I found in Mike Sabbeth, He doesn’t treat you like a client, he treats you as if you are one of his own family members, He will fight for you, with all he has, and is ALWAYS up front and honest with you about everything!”SANDRA DRUGE