When a wrongful death case in Vermont does not end in your favor, the option to appeal may still exist. Families facing this decision often want to know how appeals work, what grounds exist for challenging the outcome, and how the process differs from the original trial. Appealing a wrongful death claim is not a second chance to argue the same facts; instead, it involves a careful review of whether the law was applied correctly. Below, we break down how Vermont handles appeals in wrongful death cases, the steps involved, and what families should consider before moving forward.
What It Means to Appeal a Wrongful Death Case in Vermont
An appeal is not a retrial. Instead of re-examining every fact of the case, the Vermont Supreme Court—Vermont’s highest appellate court—reviews whether legal errors occurred in the trial court. These errors could involve the way evidence was admitted or excluded, how the jury was instructed, or whether the law was interpreted correctly. The appellate court’s job is to ensure that the trial process was fair and legally sound.
Grounds for Appeal in Wrongful Death Claims
Not every unfavorable verdict can be appealed successfully. Some of the most common grounds include:
- Improper jury instructions – If the jury was misinformed about the law, the verdict may be invalid.
- Evidentiary errors – Wrongful admission or exclusion of evidence can affect the outcome of a case.
- Procedural mistakes – If the trial court failed to follow Vermont’s rules of procedure, the decision may be challenged.
- Errors in applying Vermont wrongful death statutes – Misinterpretation of the law that governs who may file, what damages are recoverable, or how liability is determined can serve as a basis for appeal.
Vermont’s Wrongful Death Law and How It Impacts Appeals
Under Vermont law, wrongful death claims must be filed by the personal representative of the deceased’s estate. Compensation can cover economic losses, funeral costs, and damages for loss of companionship. Because these statutes define what families can recover, a trial court’s misapplication of the law is one of the strongest grounds for an appeal.
Time Limits for Appeals
Appeals must be filed quickly. In Vermont, a party generally has 30 days from the entry of judgment to file a notice of appeal. Missing this deadline can prevent any further review, regardless of the merits of the case. This makes it important for families to consult an appellate attorney as soon as they receive an unfavorable verdict.
The Vermont Appeals Process for Wrongful Death Cases
Appealing a wrongful death judgment in Vermont follows a structured path:
Step 1: Notice of Appeal
The first step is filing a formal notice of appeal with the trial court. This document signals the intent to challenge the decision and must be filed within the statutory deadline.
Step 2: Record on Appeal
The appellate court reviews the trial record, which includes transcripts, evidence, and filings from the case. New evidence cannot be introduced, making the original record critical.
Step 3: Written Briefs
Both sides submit written briefs. The appellant (the party filing the appeal) argues how errors of law occurred and why the verdict should be overturned or modified. The appellee (the opposing party) responds, defending the trial court’s decision.
Step 4: Oral Arguments
In some cases, the Vermont Supreme Court may schedule oral arguments. Attorneys for both sides present their positions and answer questions from the justices.
Step 5: Decision by the Vermont Supreme Court
After reviewing the briefs and record, and considering any oral arguments, the Court issues a written decision. The Court may affirm the verdict, reverse it, remand the case for a new trial, or modify certain aspects of the judgment.
Possible Outcomes of a Vermont Wrongful Death Appeal
Families often ask what can realistically happen if they move forward with an appeal. Outcomes include:
- Affirmation – The original verdict stands as is.
- Reversal – The decision is overturned, potentially eliminating liability or damages.
- Remand – The case is sent back to the trial court for further proceedings, such as a new trial.
- Modification – The appellate court changes part of the judgment, such as the amount of damages awarded.
Strategic Considerations Before Filing an Appeal
Because appeals are complex and time-sensitive, families should weigh the following factors:
Financial Costs
Appeals can be expensive, as they involve extensive legal research and detailed written briefs. Families should discuss potential costs with their attorney before proceeding.
Time Commitment
The appellate process can take months or even over a year before a decision is issued. Families must prepare for the emotional and financial strain of extended litigation.
Likelihood of Success
Not every error at trial warrants reversal. Attorneys typically evaluate whether mistakes were significant enough to have changed the outcome. A minor procedural error may not persuade the Vermont Supreme Court to overturn a judgment.
Why Appellate Experience Matters in VT Wrongful Death Claims
Appeals demand a different skill set than trial litigation. While trial lawyers focus on building a case through witnesses and evidence, appellate lawyers concentrate on identifying legal errors and making persuasive arguments based on statutes and prior case law. Having an attorney with appellate experience can increase the chances of a favorable result.
The Role of Precedent
Appellate courts in Vermont are bound by precedent, meaning prior decisions influence outcomes in current cases. An appellate attorney can analyze relevant case law to argue how your case fits into established legal principles.
When Vermont Families Should Consider Appealing a Wrongful Death Case Outcome
Families may want to consider an appeal if:
- The damages awarded were significantly lower than expected due to improper exclusion of evidence.
- The trial court dismissed the case based on a misinterpretation of Vermont wrongful death statutes.
- A procedural error prevented the jury from hearing critical testimony.
- The jury’s decision seemed inconsistent with the law presented to them.
Conclusion
Appealing a wrongful death claim in Vermont is possible, but it requires meeting strict deadlines, identifying genuine legal errors, and preparing for a lengthy process. Unlike a trial, an appeal does not re-examine facts or bring in new evidence; it focuses on whether the law was properly applied. Families considering this path should seek immediate legal guidance to evaluate the strength of their appeal and ensure their rights are protected. With experienced appellate counsel, there may still be an opportunity to secure justice after an initial setback.
Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away
Navigating a Wrongful death claim in Vermont can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.
Contact us now for a free legal review.