Vermont · Updated
Injured in Vermont: deadlines, rules and lawyers
Most of what to do after an injury is the same everywhere. A few Vermont rules have dates attached, and one is only 20 days. Here they are in plain words, each with the law it comes from. This is general information, not advice about your case.
We don’t list firms in Vermont yet. You can still check how to look up a lawyer’s license.
Know this first
Step 1: Three years to file in court
3 years(2 for a death)
In Vermont, most injury lawsuits must be filed in court within three years. The law says the clock starts on the date the injury is discovered1. Often that is the day you were hurt. Some summaries count from the accident date instead, so don’t rely on having more time.
Skiing injuries: one year
If you were hurt while skiing, the lawsuit must start within one year2. That is much shorter than the usual three years.
Some claims have other periods. The list of Vermont deadlines below gives the exceptions with the statute text.
The law, as written
Personal injury3 years from discovery of the injury
In Vermont, an action for injuries to the person suffered by the act or default of another must be commenced within three years after the cause of action accrues, and the cause of action is deemed to accrue on the date the injury is discovered1.
More detail
Some practitioner summaries count the Vermont personal-injury period from the accident date; the official text of § 512(4) provides that “the cause of action shall be deemed to accrue as of the date of the discovery of the injury”1.
Vermont sets a shorter period for skiing injuries: an action for injuries sustained while participating in the sport of skiing must be commenced within one year after the cause of action accrues2.
If a family member died
Step 2: If someone died: two years from finding out
A wrongful-death lawsuit in Vermont must start “within two years from the discovery of the death”3. So the law ties the clock to when the death is discovered.
An older court case read an earlier version of the law as counting from the date of death4. The law has been changed since. To be safe, count from the date of death.
If there is probable cause to charge someone with homicide for the death, there is more time. The lawsuit can start within seven years after the death is discovered. Or it can start within two years after the criminal case ends, if that is later3. Wrongful death: the basics explains these claims.
The law, as written
Wrongful death2 years
In Vermont, a wrongful-death action must be commenced “within two years from the discovery of the death of the person”3. If the person liable is out of the State, the action may be commenced within two years after that person comes into the State, and time while the person is absent and resides out of the State with no attachable property in Vermont is not counted3.
More detail
Leo v. Hillman (1995) read the period as running from the date of death, construing earlier text reading “within two years from his decease”4.
In Vermont, if the death occurred under circumstances such that probable cause is found to charge a person with homicide, the wrongful-death action must be commenced within seven years after the discovery of the death or not more than two years after the judgment in that criminal action has become final, whichever occurs later3.
If a town, city or State agency was involved
Step 3: Claims against the state or a town
If you were hurt because a town bridge or culvert was unsafe or broken, a short step comes first. You must send written notice to one or more members of the town’s selectboard within 20 days5.
- What the notice saysWhen and where you were hurt. What was wrong with the bridge or culvert. And that you will ask the town to pay for your harm. You sign it5.
- If a town worker caused itIf a town employee hurt you while doing their job, the claim is against the town, not the worker. This doesn’t apply if the worker acted on purpose or outside their job6.
Find out early
If a town bridge or culvert was part of what happened, ask a lawyer about the notice right away. Twenty days can pass quickly while you are recovering.
The law, as written
Claims against the State
Under the Vermont Tort Claims Act, the State waives immunity for injury caused by the negligent act or omission of a State employee acting within the scope of employment, subject to listed exceptions7.
More detail
The damages limit is in the caps section below.
Claims against townsBridge/culvert notice within 20 days
In Vermont, a claim against a town for injury from an insufficient or unrepaired bridge or culvert requires written notice to a selectboard member within 20 days of the injury, stating when and where it happened, the insufficiency, and that the claimant will seek satisfaction from the town5.
More detail
In Vermont, when a municipal employee's act or omission within the scope of employment causes injury, the exclusive right of action lies against the municipality, not the employee, except for willful, intentional or out-of-scope conduct6.
Good to know
Step 4: If you were partly at fault
Your own share of the fault doesn’t shut you out, as long as it is “not greater than” the fault of the people you are suing put together. Your damages (the money for your harm) are cut by your share8. So at exactly 50% you still recover half. Above 50% you recover nothing.
- Damages the court finds
- $100,000
- Your share of the fault: 20%
- You recover $80,000
- Your share of the fault: 50%
- You recover $50,000
- Your share of the fault: 60%
- You recover nothing
These numbers only show how the percentages work. They are not typical amounts8.
If you sue more than one person, an older court case compared your fault with each of them one at a time9. The law has been changed since then.
This is one reason not to guess about fault, or agree to a version of events, when an insurance company asks. Talking to the other driver’s insurance company has more on those calls.
The law, as written
Bar to recoveryModified 51% bar
In Vermont, contributory negligence does not bar recovery if the plaintiff's negligence was not greater than the causal total negligence of the defendant or defendants, and damages are reduced in proportion to the plaintiff's negligence8.
More detail
Section 1036 was amended after Stannard (1979, No. 179 (Adj. Sess.), § 1, eff. May 5, 1980) and again in 2024 (No. 90, § 1, eff. Apr. 22, 2024), and the current text compares the plaintiff's negligence with the “causal total negligence of the defendant or defendants.”
If you were hurt in a car crash, or hit while walking
Step 5: Car crashes: the other driver’s insurance and your own
In Vermont, no one may drive a car on the road without liability insurance or a bond10. After a crash, you usually claim against the driver at fault, and that driver’s insurance pays, up to its limits.
The minimum is $25,000 for one person hurt or killed, $50,000 for two or more people, and $10,000 for damage to property, in one crash10. A serious injury can cost more than that.
- Every policy has cover for drivers with no insurance, or too littleThis is called uninsured and underinsured motorist cover. A Vermont car policy must include it. It also covers hit-and-run drivers11.
- How muchThis cover must be at least $50,000 for one person and $100,000 for two or more people. That is more than the minimum for liability. If your liability limits are higher, this cover matches them, unless the policyholder chose otherwise11.
- At the scene: stop and helpIf you were driving and someone else is hurt, or property other than your car is damaged, stop right away and give the help needed. Give your name, home address, license number and the car owner’s name to anyone hurt, to anyone whose property is damaged, and to any officer12.
- Send a written report within 72 hoursIf someone is hurt, or the damage adds up to $3,000 or more, each driver must mail a written report to the Commissioner of Motor Vehicles within 72 hours. Use the Commissioner’s form1314.
See a doctor soon
Get checked after a crash even if you feel fine. It protects your health, and it creates a record. What to do after a car accident covers the first days step by step.
If a doctor, hospital or clinic was involved
Step 6: Medical malpractice
A lawsuit about a medical mistake has two clocks, and you get the later one. It is three years from the date of the care. Or it is two years from when you found out, or should have found out, about the injury. But it can never be more than seven years from the date of the care15.
- If it was hidden from youIf someone hid the mistake by fraud and that kept you from finding it, no time limit applies15.
Medical claims may have extra steps before or after you file.
These claims take time
A lawyer usually needs your records and a doctor’s review before filing. If you think you have a claim, it helps to start early. How to get your medical records explains how to ask for them.
The law, as written
Medical malpractice3 years / 2 from discovery; 7-year repose
In Vermont, a medical-malpractice action must be brought within three years of the date of the incident or two years from the date the injury is or reasonably should have been discovered, whichever is later, but not later than seven years from the incident15.
More detail
In Vermont, where a malpractice action rests on a foreign object left in the patient's body that was not discovered within the normal period, § 521 allows the action within two years of the date of the discovery of the foreign object15.
Under § 521, no statute of limitations limits the right to recover where fraudulent concealment has prevented the patient's discovery of the negligence15.
If they are a minor
Step 7: If the injured person is a child
The time while the injured person is a minor doesn’t count. Once they are an adult, they have the usual time limit to sue16. The same pause applies to someone who can’t protect their own interests because of a mental condition, or who is in prison when the injury happens16.
This pause is written for the deadlines in one chapter of Vermont law. Whether it also covers other deadlines, like the one for a death, has been argued in court.
The law, as written
Minors and incapacityTolled during minority
In Vermont, when a person entitled to bring an action under chapter 23 is a minor, lacks capacity because of a mental condition or psychiatric disability, or is imprisoned when the cause of action accrues, the action may be brought within the limitations period after the disability is removed16.
Next
Step 8: What to do with this
- Write down the datesThe day you were hurt, the day you learned of the injury, and anything a town, insurance company or hospital sent you.
- Ask a lawyer about your factsThese rules have exceptions that depend on details. Find injury law firms in Vermont, listed A–Z or by distance, never ranked.
- Ask each firmWhich deadline applies to me, does a notice need to go to a town, and by when?
How to check a lawyer’s license in Vermont
Each state keeps a public list of lawyers. Before you hire anyone, look the lawyer up by name and read what the listing says about their license. If it isn’t clear, call the office that keeps the list.
Case types
Each case type’s page has Vermont’s deadline and rules for it.
More about deadlines
- What to do after a car accident: learn your deadline
Plain steps after a crash: stay safe, get care, keep a record, talk to insurance companies carefully, and learn your state’s deadline to file.
- After a truck accident: your deadline to file still applies
How a crash with a big commercial truck differs from a car crash: federal safety rules, more than one company involved, larger insurance, and records that are only kept for a while.
- After a motorcycle or bike crash: your deadline to file
What’s different when you were on a motorcycle or a bicycle: keeping your helmet and gear, your rights on the road, helmet rules, fault, road hazards and insurance.
- Hit by a car while walking: your deadline to file
What to do if a car hit you while you were walking: first steps, the evidence that disappears fastest, whose insurance may pay, how fault gets argued, and your deadlines.
- After a slip and fall: your deadline to file
What to do after you fall on someone else’s property: get care, report it, keep a record, and learn the questions that decide a premises case, including falls on public property and at work.
- Wrongful death basics: the deadline often starts at the death
If someone in your family died because of another person’s carelessness: what a wrongful-death claim is, who can bring it, how it differs from a survival claim, getting records, and the deadline.
- Hurt at work: your deadlines
What to do after an injury on the job: get care, tell your employer in writing, and learn how workers’ compensation works and when a separate injury claim against someone else may exist.
- After a dog bite: your deadline to file
What to do after a dog bites you or your child: get care, find out who owns the dog, keep a record, and learn how state rules on dog bites differ.
- After a head or brain injury: deadlines keep running while you recover
What to do after a head injury from a crash, a fall or another accident: get checked, keep a record of how you feel, get help from family, and why legal deadlines keep running while you recover.
- When medical care goes wrong: deadlines are often different, and strict
What to do if you think a doctor, hospital or clinic hurt you: get care, get your records, and learn the extra steps and short deadlines that medical-malpractice claims often have, state by state.
- Deadlines in every state
The usual deadline in all 50 states and DC, side by side. Where we haven’t checked one yet, we say so.
How we list firms
How we list firms
We don’t rank firms. Listing is free and doesn’t depend on buying anything.
Firms are listed for free, in A–Z order. Every fact shows its source and date. We don’t recommend lawyers, and we don’t pass on your details.
Sources
Where the legal facts on this page come from
- Vt. Stat. Ann. tit. 12, § 512“Actions for the following causes shall be commenced within three years after the cause of action accrues, and not after: ... (4) except as otherwise provided in this chapter, injuries to the person suffered by the act or default of another person, provided that the cause of action shall be deemed to accrue as of the date of the discovery of the injury;”Read the source: Vt. Stat. Ann. tit. 12, § 512
- Vt. Stat. Ann. tit. 12, § 513“An action to recover for injuries sustained while participating in the sport of skiing shall be commenced within one year after the cause of action accrues, and not after.”Read the source: Vt. Stat. Ann. tit. 12, § 513
- Vt. Stat. Ann. tit. 14, § 1492“(a) The action shall be brought in the name of the personal representative of the deceased person and commenced within two years from the discovery of the death of the person, but if the person against whom the action accrues is out of the State, the action may be commenced within two years after the person comes into the State. After the cause of action accrues and before the two years have run, if the person against whom it accrues is absent from and resides out of the State and has no known property within the State that can by common process of law be attached, the time of his or her absence shall not be taken as part of the time limited for the commencement of the action. If the death of the decedent occurred under circumstances such that probable cause is found to charge a person with homicide, the action shall be commenced within seven years after the discovery of the death of the decedent or not more than two years after the judgment in that criminal action has become final, whichever occurs later.”Read the source: Vt. Stat. Ann. tit. 14, § 1492
- Leo v. Hillman, No. 93-621 (Vt. 1995)
- Vt. Stat. Ann. tit. 19, § 987“An action shall not be had or maintained in any court against a town for injuries received or damages sustained through the insufficiency of a bridge or culvert, unless notice is first given in writing, signed by the injured party or the party claiming damage, to one or more selectboard members of the town in which the bridge or culvert is situated, within 20 days of the time of the occurrence of the injury or damage, stating the time when and the place where the injury was received, and pointing out in what respect the bridge or culvert was insufficient or out of repair, and stating that the person will claim satisfaction of the town.”Read the source: Vt. Stat. Ann. tit. 19, § 987
- Vt. Stat. Ann. tit. 24, § 901a“(b) When the act or omission of a municipal employee acting within the scope of employment is alleged to have caused damage to property, injury to persons, or death, the exclusive right of action shall lie against the municipality that employed the employee at the time of the act or omission; and no such action may be maintained against the municipal employee or the estate of the municipal employee. ... (e) This section shall not apply to an act or omission of a municipal employee that was willful, intentional, or outside the scope of the employee's authority.”Read the source: Vt. Stat. Ann. tit. 24, § 901a
- Vt. Stat. Ann. tit. 12, § 5601“(a) The State of Vermont shall be liable for injury to persons or property or loss of life caused by the negligent or wrongful act or omission of an employee of the State while acting within the scope of employment, under the same circumstances, in the same manner, and to the same extent as a private person would be liable to the claimant ... (e) This section shall not apply to: ...”Read the source: Vt. Stat. Ann. tit. 12, § 5601
- Vt. Stat. Ann. tit. 12, § 1036“(a) Contributory negligence shall not bar recovery in an action by any plaintiff, or the plaintiff's legal representative, to recover damages for negligence resulting in death, personal injury, or property damage, if the negligence was not greater than the causal total negligence of the defendant or defendants, but the damage shall be diminished by general verdict in proportion to the amount of negligence attributed to the plaintiff. ... (Added 1969, No. 234 (Adj. Sess.), § 1; amended 1979, No. 179 (Adj. Sess.), § 1, eff. May 5, 1980; 2023, No. 90 (Adj. Sess.), § 1, eff. Apr. 22, 2024.)”Read the source: Vt. Stat. Ann. tit. 12, § 1036
- Stannard v. Harris, 135 Vt. 544, 380 A.2d 101 (1977)
- Vt. Stat. Ann. tit. 23, § 800“(a) No owner of a motor vehicle required to be registered, or operator required to be licensed or issued a learner’s permit, shall operate or permit the operation of the vehicle upon the highways of the State without having in effect an automobile liability policy or bond in the amounts of at least $25,000.00 for one person and $50,000.00 for two or more persons killed or injured and $10,000.00 for damages to property in any one crash. In lieu thereof, evidence of self-insurance in the amount of $115,000.00 must be filed with the Commissioner of Motor Vehicles and shall be maintained and evidenced in a form prescribed by the Commissioner. The Commissioner may require that evidence of financial responsibility be produced before motor vehicle inspections are performed pursuant to the requirements of section 1222 of this title. [Subsection (a) as contingently amended by 2015, No. 50, § 6; see also subsection (a) currently effective set out above.]”Read the source: Vt. Stat. Ann. tit. 23, § 800
- Vt. Stat. Ann. tit. 23, § 941“(a) No policy insuring against liability arising out of the ownership, maintenance, or use of any motor vehicle may be delivered or issued for delivery in this State with respect to any motor vehicle registered or principally garaged in this State unless coverage is provided for the protection of persons insured under the policy or a supplemental policy who are legally entitled to recover damages, from owners or operators of uninsured, underinsured, or hit-and-run motor vehicles, for bodily injury, sickness, or disease, including death, and for property damages resulting from the ownership, maintenance, or use of such uninsured, underinsured, or hit-and-run motor vehicle. The coverage for property damages shall be sufficient to indemnify a claim for damages to which the claimant is legally entitled of no more than $10,000.00 per claim, subject to a $150.00 deductible; provided, however, to the extent that other direct damage coverage is valid and collectible: … (c) The coverages under subsections (a) and (b) of this section for new or renewed policies shall be not less than $50,000.00 for one person and $100,000.00 for two or more persons killed or injured. If the limits of liability coverage in the policy are greater than $50,000.00 for one person and $100,000.00 for two or more persons injured or killed, the limits of uninsured motorist insurance shall be the same, unless the policyholder otherwise directs.”Read the source: Vt. Stat. Ann. tit. 23, § 941
- Vt. Stat. Ann. tit. 23, § 1128“(a) The operator of a motor vehicle who has caused or is involved in a crash resulting in injury to any person other than the operator, or in damage to any property other than the vehicle then under his or her control, shall immediately stop and render any assistance reasonably necessary. Subsection 1102(g) of this title (stopping not to impede traffic or jeopardize safety; exceptions) governs the location where a person shall stop. The operator shall give his or her name, residence, license number, and the name of the owner of the motor vehicle to any person who is injured or whose property is damaged and to any enforcement officer. A person who violates this section shall be fined not more than $2,000.00 or imprisoned for not more than two years, or both.”Read the source: Vt. Stat. Ann. tit. 23, § 1128
- Vt. Stat. Ann. tit. 23, § 1129“(a) The operator of a motor vehicle involved in a crash in which someone is injured or there is total property damage of $3,000.00 or more shall make a written report concerning the crash to the Commissioner on forms furnished by the Commissioner. The written report shall be mailed to the Commissioner within 72 hours after the crash. The Commissioner may require further facts concerning the crash be provided upon forms he or she furnishes.”Read the source: Vt. Stat. Ann. tit. 23, § 1129
- Vt. Stat. Ann. tit. 23, § 4“(4) “Commissioner” shall mean in this title only the Commissioner of Motor Vehicles.”Read the source: Vt. Stat. Ann. tit. 23, § 4
- Vt. Stat. Ann. tit. 12, § 521“Notwithstanding section 512 of this title, and except as provided in sections 518 and 551 of this title, actions to recover damages for injuries to the person arising out of any medical or surgical treatment or operation shall be brought within three years of the date of the incident or two years from the date the injury is or reasonably should have been discovered, whichever occurs later, but not later than seven years from the date of the incident. No statute of limitations shall limit the right to recover damages for injuries to the person arising out of any medical or surgical treatment or operation where fraudulent concealment has prevented the patient's discovery of the negligence. Where the action is based upon the discovery of a foreign object in the patient's body, which is not discovered within the period of limitation under this section, the action may be commenced within two years of the date of the discovery of the foreign object.”Read the source: Vt. Stat. Ann. tit. 12, § 521
- Vt. Stat. Ann. tit. 12, § 551“(a) When a person entitled to bring an action specified in this chapter is a minor, lacks capacity to protect his or her interests due to a mental condition or psychiatric disability, or is imprisoned at the time the cause of action accrues, such person may bring such action within the times in this chapter respectively limited, after the disability is removed.”Read the source: Vt. Stat. Ann. tit. 12, § 551
This is general information, not legal advice.