Bereaved Rights

State wrongful death guide

Vermont Wrongful Death Law Guide

Vermont wrongful death claims must be filed within two years, with recovery available for economic loss, companionship, and pain and suffering.

Quick facts for Vermont

  • Who can file: A wrongful death claim in Vermont must be brought by the personal representative of the deceased person’s estate. The recovery ultimately benefits the surviving spouse, children, parents, or next of kin depending on the circumstances.
  • Deadline to file: Vermont requires most wrongful death lawsuits to be filed within two years of the date of death.
  • Key statute: Vt. Stat. Ann. tit. 14, § 1491–1492

Types of compensation families may pursue

  • Medical expenses
  • Funeral and burial expenses
  • Lost financial support and services
  • Loss of companionship and guidance
  • Decedent’s conscious pain and suffering

Vermont imposes no general cap on compensatory wrongful death damages.

Vermont wrongful death law: a guide for grieving families

Vermont’s wrongful death laws aim to compensate families for both financial losses and the emotional impact of losing someone they depended on. When you are grieving, legal rules can feel impossible to navigate—this guide offers a steady, plain-spoken overview so you can understand your options without feeling lost.

1. What is “wrongful death” in Vermont?

A wrongful death occurs when someone’s negligence or wrongful act causes a person’s death, and the deceased could have brought a personal-injury action had they survived.

Examples include:

  • Fatal car or truck crashes
  • Medical negligence
  • Nursing home neglect
  • Unsafe property conditions
  • Defective products

2. Who files the lawsuit?

The lawsuit must be filed by the personal representative of the estate—either the executor named in a will or an administrator appointed by the probate court.

The representative files the claim, but the money is ultimately distributed to eligible survivors such as the spouse, children, or parents.

3. What damages are available?

Vermont allows families to recover:

  • Medical bills from the final injury
  • Funeral and burial expenses
  • Lost earnings and financial support
  • Loss of companionship, care, and guidance
  • Pain and suffering the decedent experienced before death

There are no general caps on wrongful death compensation.

4. Statute of limitations

Wrongful death lawsuits must generally be filed:

  • Within two years of the date of death

5. Practical steps

  • Confirm who will serve as personal representative
  • Collect medical records, receipts, and wage information
  • Document the deceased’s role in the household and caregiving
  • Speak with a Vermont wrongful death attorney to understand damages and timelines

6. Disclaimer

This is general information, not legal advice.

Common questions about wrongful death

These answers are general information only and are not legal advice. Laws can change, and how they apply depends on your specific situation.

How long do I have to file a wrongful death lawsuit in Vermont? +

Vermont requires most wrongful death lawsuits to be filed within two years of the date of death. Courts enforce this deadline strictly, and missing it can prevent the claim from ever being heard. Because exceptions are limited, families should speak with a Vermont wrongful death attorney as soon as possible. This answer is informational only and not legal advice.

What damages are available in a Vermont wrongful death case? +

Vermont allows recovery for economic losses such as medical bills, funeral costs, and the loss of the decedent’s financial support. Families may also be compensated for loss of companionship, guidance, and care, as well as for any conscious pain and suffering the deceased experienced before death. Vermont does not impose a general cap on wrongful death damages. This answer is informational only and not legal advice.

Who can file a wrongful death lawsuit in Vermont? +

In Vermont, a wrongful death claim must be filed by the personal representative of the decedent’s estate. This may be the executor named in a will or an administrator appointed by the probate court. Although the personal representative files the lawsuit, the recovery goes to eligible family members such as the spouse, children, parents, or next of kin according to statutory rules. This information is general only and not legal advice.