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Vermont Personal Injury Laws

Vermont Personal Injury Laws

In This Section:

Vermont personal injury laws vary from other state’s laws. Below are the most common personal injury laws in the state of Vermont. Understanding your compensation rights and getting the help of a Vermont attorney is your first step towards filing a successful Vermont personal injury claim.

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Vermont Statute of Limitations
(How long do I have to file claims in Vermont?)

The Vermont statute of limitations for filing personal injury claims is 3 years; injuries from skiing, however, must be filed within 1 year from the date of injury. Vermont's medical malpractice statute of limitations is 3 years from the date of injury or two years from the date of reasonable discovery. All medical malpractice claims must be filed within 7 years from the date of the injurious action. Product liability claims in Vermont must be filed within 3 years. These statutes for Vermont claims are subject to change, contact a Vermont injury attorney for definitive statutes at the time of your accident or injury.

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Car Accidents in Vermont?

Vermont = Fault State for car accidents
Vermont is a fault based state. Under the fault based system the insurance company will determine fault and the guilty party’s insurance company will pay damages to the injured party. Claimants may also have the legal right to sue for additional damages including lost wages, medical costs and pain and suffering.

Vermont is a Modified Comparative Fault
51 Percent Bar State

Vermont is one of 21 states which uses a modified comparative fault – 51% bar. Under this system states are allowed to recover damages for their injuries or losses only if they are 50% or less at fault. Claimants who are 51% at fault cannot receive compensation in a personal injury case. Damages will be reduced by each party’s degree of guilt.

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Are there Damage Caps in Vermont Injury Law?

(How much compensation can I get?)
There are no caps on personal injury awards in Vermont. There is no serious injury threshold in the state of Vermont. Vermont workers compensation provides full medical benefits to injured workers with no monetary or time limitations. Workers compensation for temporary total disability (TTD) and permanent total disability (PTD) is paid as a percentage of the worker's wage, subject to a weekly maximum. Contact a Vermont injury lawyer if you have additional questions about your compensation payments after an injury.

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