The laws governing personal injury claims are different in each state. In Vermont these regulations determine the type of damages a claimant can seek, the time in which a claimant can file, and how fault is assigned. It is advisable to consult a personal injury lawyer before filing your case. He or she will be able to help you navigate the complicated legal system.
Vermont is a “Comparable Fault State”
In the state of Vermont, a claimant can be partially responsible for his or her own injuries and still be awarded damages. However, if a claimant is more than 50 percent responsible for his or her own damages, they will not be able to receive damages.
It is important to understand however that the amount of compensation awarded in a claim is reduced in proportion to the claimant’s level or degree of responsibility. In other words, if he or she is 15 percent responsible for their own injuries, then they will only receive 85 percent of the potential damages.
Potential Damages for Personal Injury in Vermont
A personal injury lawsuit in Vermont can include damages for financial losses as well as non-financial losses. The circumstances of your claim will determine which damages you should seek and how much compensation you may potentially receive. A Vermont personal injury attorney can advise you on the type and amount of damages to include in your lawsuit, given the details of the case and the state legal environment.
Financial losses include medical expenses, lost wages, property damage, loss of future earnings ability, and the cost of household help.
Non-financial damages include pain and suffering that has occurred as a result of a claimant’s injuries
Statute of Limitations for Personal Injury Claims in Vermont
In order to see compensation awarded for damages in your Vermont personal injury case, you’ll need to file your lawsuit within a defined timeframe. Vermont’s statute of limitations is three years beginning the moment you realize you have been injured.
In most cases, injuries are immediately apparent; however, there are instances in which injuries do not become apparent until long after the incident that caused them. If you realize you have suffered harm as a result of another party's negligence-- after the statute of limitations has expired, it is advisable to contact a personal injury attorney.