A surviving spouse or parent may want to take legal action after losing someone to negligence. In Vermont, the wrongful death lawsuit must be filed in the name of the deceased person’s court-authorized personal representative. That person may be a family member, but being related to the deceased does not automatically give someone authority to file.
Who can file a wrongful death lawsuit in Vermont, and who may receive compensation, are separate questions. The personal representative brings the case, while the recovery benefits the surviving spouse and eligible next of kin under Vermont law. Understanding that distinction can help families take the right steps without confusing responsibility for the lawsuit with eligibility for compensation.
Key Takeaways: Who Can File a Wrongful Death Lawsuit in Vermont?
- The deceased person’s court-authorized personal representative files the wrongful death lawsuit.
- A spouse, child, parent, or other relative does not automatically have authority to file in their own name.
- The personal representative may be an executor named in a will or an administrator appointed by the court.
- Compensation benefits the surviving spouse and eligible next of kin. Serving as personal representative does not automatically entitle someone to a share.
- Recoverable losses may include financial support, services, and loss of companionship, depending on the beneficiary’s relationship to the deceased.
- Vermont generally requires filing within two years after discovery of the death, although exceptions can affect the deadline.
Who Has Legal Authority to File a Wrongful Death Lawsuit in Vermont?
The personal representative of the deceased person files a Vermont wrongful death action. Family members do not bring separate wrongful death lawsuits in their individual names simply because they suffered a loss.
Under 14 V.S.A. § 1491, a wrongful death claim may arise when someone dies because of conduct that would have supported a personal injury claim if the person had survived. Section 1492 requires the lawsuit to be brought in the personal representative’s name.
A personal representative generally serves in one of two roles:
- Executor: A person named in the will who receives court authorization to administer the estate.
- Administrator: A person appointed by the court when there is no will, no executor was named, or the named executor cannot or will not serve.
Being named as executor in a will does not, by itself, complete the appointment process. The person must receive the required court authorization.
When an administrator is needed, 14 V.S.A. § 903 generally gives priority to a suitable surviving spouse, next of kin, or someone they nominate. The court may appoint someone else when those individuals are unsuitable or do not act within a reasonable time.
A relative may therefore become the person authorized to bring the lawsuit, but that authority comes from the court appointment rather than the family relationship alone.
Which Family Members May Benefit From a Wrongful Death Claim?
Vermont’s wrongful death law provides compensation for the surviving spouse and eligible next of kin. “Next of kin” follows Vermont’s inheritance-law framework, so it does not mean every living relative who was close to the deceased.
The family members who survive the deceased affect who qualifies. For example:
- A surviving spouse and no children: The statute generally directs the recovery to the spouse, subject to its disqualification rules.
- Surviving children: Children may qualify as next of kin. A surviving spouse may also be entitled to compensation.
- No surviving spouse or children: Other surviving descendants, such as grandchildren whose parent died before the deceased, may qualify. If there are no eligible descendants, parents generally come next, followed by siblings and other relatives under Vermont’s inheritance rules.
For multiple eligible beneficiaries, the recovery is generally divided according to the losses each suffered, subject to Vermont’s specific distribution rules.
Being named in a will does not automatically make someone a wrongful death beneficiary. Likewise, serving as personal representative does not automatically entitle someone to compensation. A parent, for example, may handle the lawsuit even when the recovery belongs to the deceased person’s spouse and child.
Understanding Financial Losses and Loss of Companionship
Vermont’s statute uses the term “pecuniary injuries” to describe the losses for which eligible family members may receive compensation. Although that term sounds strictly financial, Vermont courts have interpreted it more broadly.
Depending on the circumstances, recoverable losses may include:
- Financial support the deceased would have provided.
- Household work and other valuable services.
- Loss of companionship and the benefits of a family relationship.
- Reasonable medical, funeral, and burial expenses connected to the injury and death.
The relationship between the beneficiary and the deceased, along with evidence of the actual loss, matters. Financial dependence is not the only basis for recovery.
In Dubaniewicz v. Houman, the Vermont Supreme Court confirmed that an eligible sibling may recover for loss of companionship. The decision illustrates why a wrongful death claim should account for more than income and financial contributions.
Can Parents or Adult Children Recover Wrongful Death Compensation?
Parents and adult children may qualify, but their eligibility depends on the surviving family members and Vermont’s beneficiary rules.
Adult children are not automatically excluded because they are financially independent or over 18. Their status as next of kin and the losses they suffered must be evaluated.
Parents may also recover for the death of an adult child when they qualify as beneficiaries. Vermont case law recognizes that loss-of-companionship damages are not limited to the death of a minor child.
The statute separately addresses the death of a minor child. In those cases, it expressly includes loss of the child’s love and companionship and destruction of the parent-child relationship.
However, a parent’s grief does not override the beneficiary hierarchy. In Quesnel v. Town of Middlebury, a man died leaving a wife, a child, and his parents. His father served as co-administrator, but the parents could not become eligible beneficiaries by having the wife and child disclaim their statutory status. The court also rejected the parents’ attempt to bring a separate common-law wrongful death claim.
The practical distinction is that someone may have authority to manage the case without having a personal right to its proceeds.
What if the Deceased Was Unmarried or Had No Children?
When the deceased leaves neither a spouse nor children, the next step is to determine whether other descendants qualify. If there are no eligible descendants, the analysis generally turns to parents and then other relatives under Vermont law.
Parents may qualify, but the statute includes restrictions involving abandonment and failure to support. For example, when one parent abandoned the deceased or left their maintenance and support to the other parent, the recovery may belong solely to the parent who provided that support.
A parent who neglected or refused to provide for the deceased during childhood, or who abandoned them as a child, may be excluded. The statute provides an exception when parental duties were later resumed and continuously fulfilled until the child’s death.
Similar restrictions can exclude a surviving spouse who abandoned the deceased or persistently neglected to support them before death.
These issues require a review of the family’s circumstances. They should not be resolved by assuming that every surviving parent or spouse automatically receives compensation.
Who Controls the Lawsuit and How Is Compensation Divided?
The personal representative manages the wrongful death lawsuit in a representative role, typically working with an attorney to investigate the claim, negotiate a settlement, or proceed to trial.
That responsibility does not allow the representative to treat the recovery as their own money or distribute it however they choose.
Vermont law provides a court process for determining how settlement or lawsuit proceeds are divided. Interested persons receive notice, and the court determines the beneficiaries’ shares after a hearing. The personal representative, surviving spouse, or next of kin may apply for that determination.
The Superior Court also resolves statutory questions involving abandonment and failure to support. The Probate Division then decrees distribution of the net recovery in accordance with the final judgment order.
Family members’ interests may differ, particularly when the personal representative is also a potential beneficiary. Disagreements about eligibility or distribution should be addressed through the appropriate court process.
How Long Do You Have to File a Wrongful Death Lawsuit in Vermont?
Vermont generally requires a wrongful death lawsuit to be filed within two years after discovery of the death. This is not generally a deadline that begins when the family later discovers evidence of negligence.
Certain homicide-related cases have longer filing periods. When probable cause is found to charge someone with homicide, § 1492 provides a deadline of seven years after discovery of the death or two years after the criminal judgment becomes final, whichever is later. The statute separately allows seven years after discovery of a death caused by an intentional act constituting murder.
Other statutory exceptions may also affect the filing period. Families should have the applicable deadline reviewed promptly rather than assume an exception applies.
The need to appoint a personal representative makes early attention especially useful. Waiting to begin that process can leave less time to investigate and file the claim.
What Evidence Helps Prove a Vermont Wrongful Death Claim?
A wrongful death claim requires evidence of both the conduct that caused the death and the losses suffered by eligible family members.
Evidence concerning responsibility may include:
- Medical records, death records, and autopsy findings.
- Accident reports or other incident records.
- Photographs, video, and physical evidence.
- Witness testimony.
- Expert opinions when medical or technical issues require explanation.
Evidence of the family’s losses may include:
- Employment records and proof of income and financial contributions.
- Records showing household services or caregiving the deceased provided.
- Medical, funeral, and burial bills.
- Testimony and personal records showing the relationship between the deceased and eligible beneficiaries.
Income records alone may not capture the full loss. For example, a parent who did not earn wages may still have provided substantial childcare, household work, and companionship.
A Vermont wrongful death attorney can review the available evidence and identify what additional documentation may support the claim.
Frequently Asked Questions About Who Can File a Wrongful Death Lawsuit in Vermont
Can a stepchild receive compensation in a Vermont wrongful death case?
A stepchild generally does not qualify as next of kin based solely on the stepparent relationship, even if the deceased provided financial support and acted as a parent. Adoption can establish eligibility as the deceased person’s child. Any other claimed legal parent-child relationship should be reviewed individually.
Can an unmarried partner receive compensation after a wrongful death in Vermont?
An unmarried partner generally does not qualify solely because the couple lived together or had a long-term relationship. However, Vermont law gives parties to a legally recognized civil union the same protections as spouses, including rights involving wrongful death claims.
Can a family member file a wrongful death claim if there is no will?
The absence of a will does not prevent a claim. The court can appoint an administrator to serve as personal representative and bring the lawsuit. A family member must obtain that authority rather than file individually based only on their relationship to the deceased.
Can a personal representative file a wrongful death claim if the family disagrees?
The personal representative generally has authority to bring the action without every beneficiary agreeing to file. Disagreements about the representative’s conduct, beneficiary eligibility, or distribution may require court involvement. Eligible family members can participate in the process for determining how the recovery is divided.
Does a criminal case have to be filed before a Vermont wrongful death lawsuit can proceed?
A criminal charge or conviction is generally not required. A wrongful death lawsuit is a civil action, and it can proceed independently of a criminal prosecution. Certain homicide-related circumstances can affect the civil filing deadline.
Get Legal Help with Brandon J. Broderick, Attorney at Law.
After a death caused by negligence, families may have questions about who should take legal action and who may receive compensation. Understanding those roles early can help avoid confusion as the claim moves forward.
Brandon J. Broderick, Attorney at Law, can help you understand Vermont’s wrongful death process, review the circumstances of your loved one’s death, and explain your family’s legal options. Our team is available 24/7, and we offer a free consultation. Contact us today.