Losing a loved one due to someone else’s negligence is devastating. When this happens in Vermont, the legal system allows families to pursue compensation through a wrongful death claim. A large portion of this compensation is known as economic damages—measurable financial losses directly tied to the death. While no amount of money can replace a person’s life, these damages are meant to ease the financial burden survivors face after an untimely death.
This article explains what economic damages are, how they are calculated, and what makes them different from other types of compensation under Vermont’s wrongful death statute.
Defining Economic Damages in a Vermont Wrongful Death Case
Economic damages refer to tangible, calculable losses caused by the death of an individual. In Vermont, these may include:
- Medical expenses related to the injury or illness that led to death
- Funeral and burial costs
- Loss of the decedent’s future income or earning capacity
- Loss of household services, such as childcare or home maintenance
- Loss of benefits, such as health insurance or retirement contributions
These are distinct from non-economic damages, which account for more abstract losses like emotional pain or loss of companionship. Vermont allows for both, but this article focuses exclusively on the financial side.
Medical Bills and End-of-Life Care
If the deceased incurred medical bills before passing—whether it involved emergency care, surgery, hospice, or long-term hospitalization—these expenses can be included in a wrongful death claim. In some cases, especially in accidents or prolonged illness, medical expenses can run into tens of thousands of dollars. Vermont law permits the estate to recover these amounts if they are directly related to the injury that caused the death.
Wrongful Death Compensation for Funeral and Burial Costs
Vermont families are also entitled to recover reasonable funeral and burial expenses. These include costs for:
- Funeral services and transportation
- Cremation or casket expenses
- Burial plots and gravestones
According to the National Funeral Directors Association, the median cost of a funeral with burial in the U.S. exceeds $7,800. These are immediate, out-of-pocket expenses that the decedent’s estate or family must cover—making their inclusion in economic damages essential.
Lost Income and Earning Potential in a Vermont Wrongful Death Case
Perhaps the most significant component of economic damages is the loss of the deceased’s income. Vermont courts allow surviving family members to pursue compensation for:
- The wages the person would have earned until retirement
- Bonuses, commissions, and expected raises
- Lost job-related benefits (e.g., pensions, stock options)
To estimate this loss, courts often rely on expert testimony, such as forensic economists, who evaluate factors like the decedent’s age, profession, work history, education, and average life expectancy.
For example, if a 40-year-old primary earner earning $65,000 annually dies, and had 25 more working years, the lost income alone could amount to over $1.6 million—before accounting for raises or inflation.
Household Services and Economic Contribution at Home
Even if the deceased was not employed outside the home, they may have contributed significantly to the household in ways that hold measurable financial value. Vermont allows plaintiffs to recover for these types of contributions, including:
- Childcare or elder care
- Housekeeping and cooking
- Home repairs and maintenance
If a stay-at-home parent dies, the surviving spouse may need to hire outside help—costs which fall under economic damages.
Benefits Lost Due to the Death
Economic damages can also include employment-related benefits the decedent would have earned and shared with their family. These may consist of:
- Health insurance
- Life insurance provided by the employer
- Contributions to a 401(k) or pension
- Stock options and other financial incentives
These benefits are often underestimated, but they represent real financial losses that can add up significantly over time.
Who Can Claim Economic Damages in a Vermont Wrongful Death Claim?
In Vermont, a wrongful death lawsuit is filed by the personal representative of the decedent’s estate, usually named in the will or appointed by the court. Although the representative brings the claim, any economic recovery is meant to benefit close family members, such as:
- Spouses
- Children (biological and adopted)
- Parents, if the deceased was unmarried and childless
The distribution of damages follows Vermont’s probate rules unless a will specifies otherwise.
How Courts in Vermont Calculate Economic Damages in Wrongful Death Cases
Unlike pain and suffering, economic damages must be supported with evidence. Courts rely on documentation such as:
- Pay stubs or tax returns
- Medical invoices and funeral receipts
- Expert testimony on lifetime earnings
- Reports estimating the value of household contributions
In some cases, opposing parties may debate the value of a person’s future earning capacity or the cost of lost services, which can result in extensive negotiations or expert litigation.
Time Limits and Filing Requirements in VT Wrongful Death Cases
Under Vermont law, the statute of limitations for filing a wrongful death claim is two years from the date of death. Missing this deadline can result in losing the right to recover damages altogether, even if the economic losses are significant.
It's also worth noting that wrongful death claims in Vermont are civil lawsuits. If the death also involved criminal behavior (e.g., drunk driving or assault), families may pursue both criminal prosecution and a separate wrongful death suit for compensation.
Conclusion
Economic damages in a Vermont wrongful death claim are designed to replace the measurable financial support a loved one would have provided. From medical bills and funeral costs to future income and household services, these losses can significantly affect a family’s financial stability. Understanding what’s covered—and how courts calculate these damages—can help surviving family members secure the support they need to move forward.
Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away
Navigating Vermont Wrongful Death Claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury 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.