When an individual is injured due to someone else’s negligence in Vermont, the legal system provides a way to recover compensation through a personal injury claim. These cases are about more than just covering medical bills; they’re about restoring the victim, as much as possible, to the position they were in before the injury occurred. That compensation is referred to as damages—a legal term for the financial recovery a victim can seek from the at-fault party. Whether it’s a car accident, slip and fall, or workplace injury, knowing how damages work can give victims a clearer path forward after a life-changing incident.
Categories of Damages in Vermont Personal Injury Cases
In Vermont, personal injury damages generally fall into two broad categories: compensatory damages and punitive damages. Compensatory damages are designed to repay the victim for their losses, while punitive damages are meant to punish especially reckless behavior.
Compensatory Damages
These are the most common types of damages awarded in Vermont personal injury cases. They are divided into two subcategories: economic damages and non-economic damages.
Economic Damages
Economic damages are tied to financial losses that can be clearly calculated. They’re based on bills, receipts, and measurable impacts to the victim’s finances.
Examples include:
- Medical expenses: This covers both current and anticipated future costs. It may include hospital stays, surgeries, physical therapy, prescription medications, and assistive devices.
- Lost income: If your injury prevented you from working, you can recover the wages you missed, including potential overtime or bonuses.
- Loss of earning capacity: If your injuries prevent you from returning to your previous job or reduce your ability to work in the future, you may be compensated for this long-term impact on your income.
- Property damage: If a vehicle, electronics, or other personal items were damaged in the incident, repair or replacement costs may be included.
- Out-of-pocket costs: Travel to medical appointments, home modifications, and other injury-related expenses may also be reimbursed.
Note: To receive economic damages, you need to show clear documentation—medical records, pay stubs, invoices, etc.—so it’s important to keep detailed records after an accident.
Non-Economic Damages
Unlike economic damages, these are not directly tied to bills or income. They compensate victims for the intangible impact the injury has had on their quality of life.
Common types include:
- Pain and suffering: This refers to the physical discomfort and emotional stress caused by the injury. It can cover chronic pain, anxiety, depression, and loss of enjoyment of daily life.
- Emotional distress: Separate from physical suffering, this damage accounts for the psychological effects of the injury, such as insomnia, trauma, or mood disorders.
- Loss of consortium: In some cases, a spouse or partner can receive compensation if the injury damages their relationship with the victim, especially in terms of companionship or intimacy.
Because non-economic damages are subjective, the value often depends on the severity of the injury, how it affects daily life, and how well the victim’s legal team communicates these impacts.
Punitive Damages in Vermont
Punitive damages are not designed to compensate the victim, but rather to punish the defendant for especially reckless or intentional misconduct. They are rare in Vermont and only awarded when the defendant’s behavior is found to be malicious, fraudulent, or grossly negligent.
For example, if a company knowingly sells a defective product that causes widespread injuries, or if a drunk driver causes a severe crash, the court may decide to impose punitive damages to deter similar behavior in the future.
In Vermont, punitive damages are awarded only under very specific circumstances and must be supported by strong evidence of egregious conduct.
How Vermont Law Influences Damages
Understanding state law is key to knowing what compensation may be available.
Comparative Negligence Rule
Vermont follows a modified comparative negligence rule. If the injured person is partly at fault for the accident, their compensation will be reduced by their percentage of fault. However, if they are more than 50% responsible, they are barred from recovering damages.
For example, if you are awarded $100,000 but found to be 20% at fault, your compensation will be reduced to $80,000. This rule emphasizes the need for a strong case that clearly establishes fault.
No Damage Caps
Unlike some other states, Vermont does not place a cap on the amount of non-economic or punitive damages a plaintiff can recover in a personal injury lawsuit. This allows juries or judges to award amounts they believe are fair based on the facts of the case.
Statute of Limitations
Victims must file personal injury claims within three years of the date of the injury in most cases. If the deadline passes, you may lose the right to recover any compensation. This makes timely legal action essential.
Building a Strong Case for Damages
To recover full compensation, it’s not enough to simply claim that you were injured. The success of a personal injury case often depends on how well damages are supported and presented.
Key steps include:
- Seeking prompt medical care and following through with treatment
- Documenting all injury-related expenses
- Keeping a pain journal to track symptoms and emotional effects
- Avoiding social media posts that could be misinterpreted by insurers
- Working with a qualified personal injury lawyer who can gather expert testimony, negotiate with insurers, and present a compelling case in court if needed
The insurance companies involved will typically look for any reason to reduce your claim or shift blame. Having skilled legal guidance can help level the playing field.
Call Brandon J. Broderick for Legal Help
If you’ve been injured in Vermont because of someone else’s actions, you deserve to know your rights and options. The aftermath of an accident can feel overwhelming, but you don’t have to face it alone.
At Brandon J. Broderick, Attorney at Law, we’ve helped countless individuals recover full and fair compensation for their injuries. Our team understands Vermont’s personal injury laws and how to build strong cases that stand up to insurance tactics and defense strategies.
We’re here to help you fight for what you’re owed. Contact us today for a free consultation.