When your family is preparing for a wrongful death trial in Vermont, you may worry about whether jurors will give your loved one’s story a fair hearing. Could a juror’s connection to the defendant influence the verdict? What happens if the judge has a conflict of interest? Vermont courts work to prevent bias in wrongful death cases through jury screening, judicial disqualification rules, evidence requirements, and clear jury instructions. These safeguards give your family ways to raise concerns about impartiality and help keep the outcome grounded in the evidence and the law.
A ruling against your family does not necessarily mean the process was unfair, just as a juror’s familiarity with someone involved does not always require their removal. The details matter: what the connection involves, whether the person can remain impartial, and how the court responds when a concern is raised.
Understanding those distinctions can help you make sense of decisions that feel deeply personal. Below, we explain how Vermont courts screen jurors, address judicial conflicts, manage sensitive evidence, and review alleged trial errors—and what those protections can mean for your family.
Key Takeaways: How Vermont Courts Avoid Bias in Wrongful Death Cases
- Vermont courts address bias in wrongful death cases through the safeguards used in other civil trials.
- Jury selection helps identify relationships, experiences, or other circumstances that could affect a prospective juror’s impartiality.
- Certain interests and relationships require judges or jurors to be disqualified.
- Judges apply evidence rules and explain the legal standards jurors must follow.
- An appeal may address a significant legal error, but an unfavorable verdict or a trial mistake does not automatically justify reversal.
How Do Courts Work to Avoid Bias in Wrongful Death Cases in Vermont?
Vermont does not have a separate trial procedure devoted only to bias in wrongful-death cases. These claims follow the civil-court framework, with several opportunities to address impartiality and fairness.
The underlying claim comes from Vermont’s wrongful-death statute. Under 14 V.S.A. § 1491, a person or corporation can be liable for a death caused by a wrongful act, neglect, or default when the deceased person could have brought a personal-injury claim had they survived.
Under 14 V.S.A. § 1492, the action is brought in the name of the deceased person’s personal representative—the person authorized to act for the estate. The statute generally requires filing within two years after discovery of the death. It also contains specific provisions concerning defendants outside Vermont and deaths occurring under circumstances in which probable cause is found to charge someone with homicide.
Section 1492 also establishes the damages framework. It permits compensation for “pecuniary injuries” suffered by the surviving spouse and next of kin. Although that term may sound limited to money, Vermont courts have interpreted it to include certain losses involving family relationships.
The statute specifically addresses loss of love and companionship and destruction of the parent-child relationship when a minor child dies. However, those losses are not limited to cases involving minor children. In Clymer v. Webster, the Vermont Supreme Court recognized that parents may recover for loss of an adult child’s companionship. In Dubaniewicz v. Houman, the Court also recognized that a sibling who qualifies as the deceased person’s next of kin may recover compensation for loss of companionship when supported by evidence of their relationship.
This framework gives the trial a defined structure. The court applies the law governing who can recover and which losses may be compensated. Jurors decide disputed factual questions using the evidence and the judge’s instructions.
How Jury Selection Can Help Identify Potential Bias
Jury selection allows attorneys and the court to learn whether a prospective juror has a relationship, personal experience, or other circumstance that could affect impartiality. This questioning is called voir dire. Vermont’s civil rules also allow written questionnaires to help identify relevant information.
A prospective juror does not need to have no experience with the subject of a lawsuit. Someone who has experienced a serious accident, worked in a hospital, or lost a relative may still be capable of deciding a case fairly. The question is whether that person can evaluate the evidence impartially and follow the court’s instructions.
Vermont law recognizes two forms of juror bias:
- Actual bias: A juror’s statements or circumstances show that the person cannot decide the case fairly.
- Implied bias: Exceptional circumstances, such as a sufficiently close relationship with a trial participant, cause the law to presume that the juror cannot be impartial.
Certain connections also require disqualification under 12 V.S.A. § 61, including specified family relationships, an interest in the case’s outcome, or having acted as an attorney in the matter.
The Vermont civil case McCormack v. Rutland Hospital shows why the details matter. After a medical-malpractice trial, the plaintiffs discovered professional and charitable ties linking a juror, the defendant hospital, and the hospital’s law firm. They requested a new trial based on alleged juror misconduct and implied bias.
The Vermont Supreme Court affirmed the denial of that request. The record did not establish dishonest answers during jury selection, and the connections fell short of the exceptional circumstances needed to establish implied bias.
For families, the distinction is practical: a juror’s connection to someone involved in the case is worth raising, but the nature and closeness of that connection determine its legal significance.
How Judges Manage Evidence and Emotional Testimony
A judge decides what evidence the jury may consider and manages how the trial proceeds. In wrongful-death litigation, these decisions can be especially significant because testimony about a loved one’s death may carry substantial emotional weight.
Evidence is not excluded simply because it is upsetting. Testimony about a family relationship, for example, may help establish a legally recognized loss.
However, under Vermont Rule of Evidence 403, a judge may exclude relevant evidence when the danger of unfair prejudice, confusion, or misleading the jury substantially outweighs its value in proving an issue. The concern is whether the evidence could push jurors toward a decision based on an improper consideration instead of the issues they must decide.
Attorneys can object to testimony or exhibits, and the judge rules on whether the material may be presented.
Brown v. Vermont, a personal-injury case arising from a motor-vehicle accident, illustrates how evidence rulings can affect jury selection. The plaintiff challenged restrictions on evidence and questions she wanted to ask prospective jurors.
The Vermont Supreme Court found no reversible error. It explained that because the disputed evidence had been properly excluded, questioning potential jurors about that material would not help identify bias concerning the issues they would actually decide.
For a grieving family, a ruling limiting testimony can be difficult to accept. The judge’s task is to determine what the law allows the jury to consider when deciding liability and damages.
What Role Do Jury Instructions Play in Wrongful Death Trials?
Jury instructions explain the legal standards jurors must apply. They can address liability, defenses, damages, and other issues raised by the evidence.
The 2025 decision in Shaffer v. Northeast Kingdom Human Services, Inc. provides an example. The Estate of Jared Shaffer appealed after a jury found for the defendant. The estate challenged several trial rulings, including instructions concerning comparative negligence and language it argued was misleading.
The Vermont Supreme Court found that the trial court had confused the father’s personal role with his role as administrator of the estate when analyzing comparative negligence. That distinction mattered because he brought the lawsuit as the estate’s representative, rather than in his personal capacity.
The jury instructions corrected that distinction, although an incorrect case caption remained. The Court found no prejudice from the comparative-negligence issue because the jury found that the defendant was not negligent and never reached that defense. It also declined to review certain instruction challenges because they had not been properly preserved.
Shaffer shows why identifying a trial error does not automatically establish grounds for reversal. The appellate court also considers whether the error affected the result and whether the party raised the objection properly.
For families, jury instructions may sound technical. Their purpose is practical: they give jurors the rules they must use to decide the dispute.
How Attorneys Address Bias During Trial Preparation
Potential bias concerns can be addressed before the jury begins hearing evidence. Attorneys can review relationships among the people involved, prepare questions for jury selection, examine anticipated testimony, and identify possible problems with evidence or procedure.
Judicial impartiality can also become an issue. Under Rule 2.11(A) of Vermont’s Code of Judicial Conduct, a judge must disqualify themselves when their impartiality might reasonably be questioned. The rule addresses circumstances such as personal bias, certain financial interests, and specified family or professional connections.
A judge’s obligation to step aside does not depend entirely on someone filing a motion. The judge must consider disqualification when the circumstances require it. A party can also raise a concern through the applicable court procedure.
Preparation therefore involves more than looking for any connection. Attorneys must identify circumstances with legal significance and raise concerns at the appropriate time.
Why Fair Valuation of Losses Matters in Wrongful Death Cases
A wrongful-death claim can involve financial losses and losses connected with family relationships. Vermont law provides the framework for evaluating those damages, and the amount requested should be supported by evidence.
The evidence will differ from one family to another. Income records and employment history may help establish financial contributions the family has lost. Testimony about shared activities, care, and support may help establish a loss of companionship recognized under Vermont law.
| Loss being evaluated | Evidence that may help |
|---|---|
| Lost financial support | Earnings records and evidence of contributions to the beneficiary |
| Expected future financial support | Employment history and evidence of likely future contributions |
| Loss of companionship | Testimony about the relationship, shared activities, and support |
| Destruction of a parent-child relationship | Evidence of the relationship and the effect of its loss |
Companionship damages are not automatic. In Dubaniewicz, the Court emphasized the importance of evidence showing the actual relationship between the beneficiary and the deceased person.
Fair valuation asks the jury to evaluate the losses Vermont law recognizes using the evidence presented. That gives the family an opportunity to explain the loss while keeping the decision tied to the legal requirements.
How a Vermont Wrongful Death Lawyer Can Help
A Vermont wrongful-death lawyer can help a family prepare for jury selection, evidence issues, trial procedure, and damages. Counsel can investigate potential conflicts, prepare questions for prospective jurors, raise appropriate objections, and develop evidence supporting the claim.
A lawyer can also explain a ruling when a judge limits testimony, declines to remove a juror, or gives a particular instruction. Those decisions can be difficult to interpret from the gallery, especially when the disputed issue involves a loved one’s death.
If an appeal becomes necessary, timing and procedure matter. In a Vermont civil case, a notice of appeal generally must be filed within 30 days after entry of the judgment or order being appealed. Certain timely posttrial motions can change when that period begins, so the deadline should be checked for the specific case.
An objection generally must also be raised at the proper time during trial to preserve the issue for appeal. The Vermont Supreme Court reviews the existing record; it does not hold a new trial or receive new evidence.
Questions worth bringing to a lawyer include:
- Was this juror legally allowed to serve?
- Could something that happened during trial affect the verdict?
- Why was certain testimony limited?
- Was an objection raised and preserved?
- Could a trial ruling be appealed?
A conversation with counsel can help explain which concerns may have legal significance and what options remain available.
Frequently Asked Questions
What happens if a juror researches a wrongful death case online?
Jurors must not research the case online or investigate it through sources outside the courtroom. Vermont Judiciary guidance also tells jurors not to search for information about the lawyers or judge. If outside research occurs, the court evaluates the incident and determines the appropriate response. A violation does not automatically require a new trial.
Can a juror discuss a wrongful death case with family members during the trial?
Jurors must not discuss the case with family members or friends during the trial. They must decide it using the evidence and instructions presented in court, without outside opinions influencing their decision. A possible violation should be brought to the court’s attention promptly.
What if a juror posts about the case on social media?
Jurors must not post or communicate about the case on social media during the trial. The restriction applies even if the juror does not express an opinion about the outcome. If a post is discovered, the court considers what happened and whether a remedy is necessary.
Can a wrongful death case be decided by a judge without a jury?
A wrongful-death case may proceed as a bench trial, meaning the judge decides the factual and legal issues. This can occur when the right to a jury trial is waived or when the parties agree to a bench trial under the applicable rules. One party generally cannot override another party’s properly exercised right to a jury.
Can family members attend a wrongful death trial?
Family members may generally attend public court proceedings. However, a family member who will testify may be excluded from hearing other witnesses under Vermont Rule of Evidence 615, subject to the rule’s exceptions. Other courtroom restrictions may also apply. Attending a trial does not, by itself, require a family member to testify.
When the Facts Are Personal, Fair Process Matters With Brandon J. Broderick, Attorney at Law
A wrongful death case can put a family in an uncomfortable position: sharing deeply personal facts in a courtroom and trusting a jury to weigh them fairly. Wanting the process to be impartial is a reasonable concern.
At Brandon J. Broderick, Attorney at Law, our team understands why families may have questions about jury selection, trial decisions, or something they saw happen during a case. You can talk through those concerns with a real person who will listen to what happened and explain how Vermont’s legal process may apply.
Contact us to discuss your family’s concerns and the next steps available in your case.