Losing someone you love is devastating, and navigating the aftermath can feel unbearable, especially when the loss feels sudden and unjust. One potential path forward in these difficult circumstances is exploring a Vermont wrongful death claim. Tragically, unexpected losses occur far too often; recent data from the CDC indicated 584 accidental deaths occurred in Vermont in a single year. While statistics cannot measure personal grief, knowing that legal frameworks exist to address situations where such deaths were preventable may offer a small measure of solace.

The legal process of filing a wrongful death lawsuit can be stressful and complex to navigate, especially during a time of grief and loss. This article aims to provide clear guidance on how to file a wrongful death claim in Vermont.

Defining Wrongful Death Under Vermont Statutes

Vermont law defines a wrongful death as one caused by the "wrongful act, neglect, or default" of another person or entity.

These cases can arise from various circumstances, including

• Motor vehicle accidents (cars, trucks, motorcycles) caused by negligent drivers.
• Medical malpractice resulting from substandard care.
• Workplace accidents due to safety violations.
• Premises liability incidents (e.g., fatal slips and falls on poorly maintained property).
• Defective products leading to fatal injuries.
• Nursing home neglect/abuse

Who Has the Authority to File a Wrongful Death Lawsuit in Vermont?

Unlike personal injury claims filed by the injured party, Vermont law specifies who can initiate a wrongful death action. According to Vermont Statutes Title 14, Chapter 71, § 1492, the lawsuit must be brought in the name of the personal representative of the deceased person's estate.

• Personal Representative: This individual is typically named in the decedent's will as the executor. If there is no will (intestacy) or the named executor cannot serve, the Vermont Probate Court will appoint an administrator to act as the personal representative.
• Beneficiaries: While the personal representative files the suit, the action is pursued for the benefit of the decedent's surviving spouse and next of kin. The specific distribution of any recovered damages among the beneficiaries is determined according to Vermont law, often considering the degree of loss suffered by each party.

Establishing Liability: The Pillars of a Vermont Wrongful Death Case

To succeed in a wrongful death lawsuit in Vermont, the personal representative must prove several key elements, mirroring those of a standard negligence claim:

1. Duty of Care: It must be established that the defendant (the party allegedly responsible for the death) owed a legal duty of care to the decedent. For example, drivers owe a duty to operate their vehicles safely; doctors owe a duty to provide care meeting the professional standard.
2. Breach of Duty: Evidence must show that the defendant breached this duty of care through a wrongful act, negligence, or default. This could involve speeding, misdiagnosing a condition, failing to maintain safe premises, etc.
3. Causation: A direct link must be proven between the defendant's breach of duty and the decedent's death. This involves demonstrating both factual cause ("but for" the defendant's actions, the death wouldn't have occurred) and proximate cause (the death was a reasonably foreseeable consequence of the defendant's actions).
4. Damages: It must be proven that the surviving spouse and next of kin suffered legally recognized damages as a result of the death.

Recoverable Damages in Vermont Wrongful Death Actions

Vermont law outlines the types of damages that can be recovered in a wrongful death lawsuit. These are intended to compensate the surviving family members for the losses they have endured. Under Vermont Statutes Title 14, § 1492(b) and (c), recoverable damages primarily focus on economic damages but also encompass other significant losses:

Economic Damages: This is the primary category and refers to the financial losses resulting from the death. It includes:

• Loss of the decedent's financial support, earnings, and benefits.
• Loss of the decedent's services (e.g., childcare, household management, elder care).
• Medical expenses incurred by the decedent between the injury and death.
• Funeral and burial expenses.

Non-Economic Damages: Non-economic damages address the emotional, psychological, and relational harm caused by the loss of a loved one. These damages compensate surviving family members for intangible losses, unlike economic damages that have a straightforward monetary value, such as medical bills, funeral expenses, and lost income.

• Loss of Companionship and Consortium: Surviving spouses can claim damages for the loss of love, affection, society, companionship, and sexual relations.
• Loss of Care and Guidance: Surviving minor children can recover damages for the loss of the decedent's parental care, guidance, nurturing, and instruction.
• Decedent's Pain and Suffering: If the decedent experienced conscious pain and suffering between the time of the injury and their death, the estate might recover damages for this suffering through a related "survival action," often joined with the wrongful death claim.

The distribution of damages awarded for economic losses, loss of companionship, care, and guidance is determined based on the findings regarding the losses suffered by the surviving spouse and next of kin.

The Critical Time Limit: Vermont's Statute of Limitations for Wrongful Death

Every state imposes a time limit, known as a statute of limitations, for filing lawsuits. In Vermont, wrongful death actions are subject to specific deadlines. Generally, pursuant to Vermont Statutes Title 14, § 1492(a), a wrongful death lawsuit must be filed within two years from the date of the decedent's death.

Filing the lawsuit within the applicable statutory period is essential; otherwise, the court will almost certainly dismiss the case, permanently barring the family from seeking compensation through the legal system. Consulting with an attorney promptly is essential to preserve the right to file.

The Vermont Wrongful Death Lawsuit Process: Step-by-Step

Navigating a wrongful death claim involves several distinct phases:

1. Investigation: Gathering evidence is paramount. This includes accident reports, medical records, witness statements, expert consultations (e.g., accident reconstructionists, medical experts), and documentation of financial losses.
2. Estate Administration: The personal representative must be formally appointed by the probate court.
3. Filing the Lawsuit: A formal complaint is drafted and filed with the appropriate Vermont Superior Court, outlining the allegations against the defendant(s).
4. Discovery: Both sides exchange information and evidence. This involves written questions (interrogatories), requests for documents, and depositions (sworn testimony taken outside of court).
5. Negotiation and Mediation: Many wrongful death cases are resolved through settlement negotiations or formal mediation before reaching trial. Skilled negotiation is vital to achieving a fair resolution.
6. Trial: If settlement is not possible, the case proceeds to trial. Both sides present evidence and arguments to a judge or jury, who will then render a verdict regarding liability and damages.
7. Appeal: If either party believes a legal error occurred during the trial, they may appeal the decision to a higher court.

Why Engaging Experienced Vermont Wrongful Death Counsel is Highly Recommended

Wrongful death claims are legally complex and emotionally taxing. Attempting to navigate this process alone while grieving can be overwhelming and detrimental to the case's success. Experienced Vermont wrongful death attorneys provide invaluable assistance by:

• Thoroughly investigating the circumstances of the death.
• Identifying all potentially liable parties.
• Ensuring compliance with all procedural rules and deadlines, including the statute of limitations.
• Accurately calculating the full extent of damages suffered by the family.
• Hiring necessary experts to support the claim.
• Handling all communication and negotiation with insurance companies and opposing counsel.
• Building a compelling case for settlement or trial.
• Providing compassionate guidance and support throughout the legal process.

Brandon J. Broderick Offers Legal Support for Families Facing a Wrongful Death in Vermont

Losing a loved one due to someone else’s negligence is a devastating experience that can leave families overwhelmed with grief and uncertainty. Filing a wrongful death claim is a key step toward holding the responsible parties accountable and seeking justice for your loss. At Brandon J. Broderick, Attorney at Law, we provide compassionate legal support to guide you through this challenging process with care and understanding.

Our experienced legal team is committed to advocating for your family’s rights and helping you secure the compensation you deserve. You don’t have to navigate this difficult journey alone. Contact us today to take the first step toward justice and the financial support your family needs.