Losing a loved one is a profoundly difficult experience, made even more challenging when their death was caused by someone else's negligence or misconduct. In the midst of grief, legal matters are often the last thing on anyone's mind. However, Vermont law sets specific time limits for taking legal action. Understanding these deadlines is essential for families seeking justice and financial stability after a tragic loss.
Navigating the legal system alone can be a significant burden. Filing a wrongful death claim allows the estate of the deceased to hold the responsible party accountable and recover damages. But the window to file this claim is not open indefinitely. Waiting too long can permanently bar you from seeking the compensation your family deserves. This article explains the time limits for filing a wrongful death lawsuit in Vermont, the exceptions that may apply, and why consulting with an experienced lawyer sooner rather than later is a wise decision.
Navigating the Wrongful Death Statute of Limitations in Vermont
Every state has laws known as statutes of limitations, which set firm deadlines for filing civil lawsuits. These laws exist to ensure legal claims are brought forward in a timely manner while evidence is still available and memories are fresh. For a wrongful death claim in Vermont, the statute of limitations is a critical factor that can determine the success or failure of your case before it even begins.
The General Two-Year Deadline in Vermont
Under Vermont law (Vermont Statutes Title 14 § 1492), the personal representative of the deceased person’s estate generally has two years to file a wrongful death lawsuit. This two-year period, often called the "statute of limitations," almost always begins on the date of the person's death.
It is important to understand that this is a strict deadline. If you attempt to file a lawsuit even one day after the two-year anniversary of your loved one's passing, the court will almost certainly dismiss your case. The defendant—the person or entity you are suing—will simply point out that the statute of limitations has expired, and the judge will have little choice but to close the case. This means your family would lose the right to pursue any compensation through the court system, regardless of how strong your evidence is.
This firm deadline underscores the need for prompt action. Building a wrongful death case involves gathering evidence, consulting with experts, and navigating complex legal procedures. These steps take time, making it important to speak with a wrongful death lawyer long before the two-year deadline approaches.
Are There Exceptions to the Two-Year Deadline for a Wrongful Death Lawsuit?
While the two-year rule is the standard, Vermont law recognizes that certain circumstances can make it impossible or unfair to expect a claim to be filed within that timeframe. These exceptions are specific and do not apply to every case, so it is vital to discuss your situation with a knowledgeable attorney to see if one might be relevant.
The Discovery Rule: When the Cause of Death Is Not Immediately Known
In some tragic situations, the connection between a negligent act and a person's death is not immediately apparent. The discovery rule is a legal principle that can pause, or "toll," the statute of limitations clock until the surviving family members knew or reasonably should have known that the death was caused by someone else's wrongful act.
For example, imagine a patient dies following a routine surgical procedure. The family may initially believe the death was due to an unavoidable complication. However, if a year later a medical journal reveals that the surgical device used had a known defect that the manufacturer failed to disclose, the discovery rule might apply. In this scenario, the two-year clock might start from the date the family discovered the defect, not the date of death. This exception is most common in cases involving medical malpractice or exposure to toxic substances where the harm is not obvious at first.
Fraudulent Concealment by the Defendant
Another exception exists when the person or company responsible for the death actively takes steps to hide their wrongdoing. This is known as fraudulent concealment. If a defendant intentionally misleads the family or conceals evidence to prevent them from discovering the true cause of death, the court may extend the filing deadline.
Consider a workplace accident where an employer falsely claims an employee's death was caused by their own mistake while secretly destroying records that show faulty equipment was to blame. If the family later uncovers this deception, the statute of limitations may be tolled for the period the fraud was active. The law does not reward those who hide the truth to escape accountability.
Cases Involving a Minor Child
The law provides special protections for children who lose a parent. If the only surviving heir is a minor, the statute of limitations may be paused until that child reaches the age of 18. This ensures the child's right to seek justice is not lost simply because they were too young to initiate a legal claim. Once the child becomes a legal adult, they typically have a set period—often two years—to file the wrongful death lawsuit.
These exceptions are complex and highly fact-specific. You should never assume an exception applies to your case without first consulting a qualified Vermont wrongful death attorney who can evaluate the details of your situation.
Why You Shouldn't Wait to Contact a Wrongful Death Attorney in Vermont
Even with a two-year window, waiting to seek legal advice is a significant risk. The success of a wrongful death lawsuit often depends on actions taken in the weeks and months immediately following the loss. Delay can compromise your ability to build a strong case.
Preserving Critical Evidence
The most compelling evidence can disappear quickly. For a wrongful death claim arising from a car accident, this could include:
- Physical evidence at the scene, such as skid marks and vehicle debris.
- Surveillance footage from nearby businesses, which is often deleted or recorded over within days or weeks.
- Vehicle data from the "black box" recorder, which may be lost if the car is repaired or salvaged.
In a medical malpractice case, evidence might include patient charts, hospital staff records, and internal communications, which can be more difficult to secure as time passes. An attorney can act swiftly to send formal preservation letters, file court orders, and take other legal steps to ensure this evidence is protected.
Identifying and Interviewing Witnesses
Witnesses are fundamental to many wrongful death cases. However, their memories fade over time. A witness who can provide a clear, detailed account of an accident a week after it happened may struggle to recall important details two years later. Furthermore, witnesses can move, change their contact information, or become difficult to locate. An experienced wrongful death lawyer knows how to find and interview witnesses while their recollections are still sharp, documenting their testimony to be used later.
Dealing With Insurance Companies
Soon after a death, insurance adjusters for the at-fault party may contact the family. Their goal is to settle the claim as quickly and cheaply as possible. They might offer a low settlement amount, hoping the family will accept it without understanding the full value of their claim. They may also try to get you to make a recorded statement that could be used against you later.
Having a wrongful death attorney on your side from the beginning changes this dynamic. Your lawyer will handle all communications with the insurance company, protecting you from their tactics and ensuring your rights are upheld. They will calculate the full extent of your damages—including lost future income, loss of companionship, medical bills, and funeral expenses—before entering into any negotiations.
Navigating the Wrongful Death Lawsuit Process in Vermont
Filing a wrongful death claim involves more than just meeting a deadline. It is a formal legal process with specific rules and requirements.
Who Can File the Lawsuit?
In Vermont, a wrongful death lawsuit cannot be filed directly by family members like a spouse or child. Instead, the claim must be brought by the personal representative of the deceased person’s estate.
The personal representative is either named in the deceased's will (as the executor) or appointed by the probate court if there is no will (as the administrator). A wrongful death lawyer can help the family navigate the probate court process to have a personal representative officially appointed so the lawsuit can proceed.
What Damages Can Be Recovered?
While no amount of money can replace a loved one, a wrongful death lawsuit aims to provide financial relief for the losses the family has suffered. The personal representative files the lawsuit on behalf of the surviving spouse, children, or other next of kin. The lawsuit can recover both economic and non-economic damages.
- Pecuniary losses, which refers to financial support the deceased would have provided, including lost wages and benefits.
- Loss of companionship, care, and guidance that the deceased provided to their family members.
- Medical expenses incurred by the deceased as a result of their final injury or illness.
- Funeral and burial expenses.
- Pain and suffering endured by the deceased before their death (this is technically part of a "survival action" often joined with the wrongful death claim).
An experienced wrongful death lawyer will work with financial experts and economists to accurately calculate the full value of these damages to ensure the family receives fair compensation.
Need Legal Help? Brandon J. Broderick, Attorney at Law, is One Phone Call Away
The grief of losing a family member can be paralyzing, but the deadlines for seeking justice are unforgiving. If your loved one's death was caused by another's negligence in Vermont, it is important to understand your legal options as soon as possible. Waiting too long can mean losing your right to hold the responsible parties accountable forever.
At Brandon J. Broderick, Attorney at Law, we understand the emotional and financial turmoil you are facing. Our compassionate and experienced team of wrongful death attorneys is here to guide you through every step of the legal process. We will handle the investigation, deal with the insurance companies, and build the strongest possible case while you focus on your family. Contact us today for a free, no-obligation consultation to learn how we can help. We are available to assist you day or night.