Vermont Wrongful Death Attorneys

Wrongful death actions are lawsuits brought on behalf of a deceased person’s next of kin for deaths caused by the negligent, reckless or intentional conduct of another. Vermont’s wrongful death statute provides that the personal representative of the estate may be awarded for the benefit of the spouse and other specified relatives damages for “pecuniary injuries.” 14 V.S.A. § 1492(b). Under Vermont law, “pecuniary injuries” are not limited to purely economic losses and may include recovery for loss of companionship, as well as a compensation for lost intellectual, moral and physical training, or the loss of care, nurture and protection. Clymer v. Webster, 156 Vt. 614, 629-630 (1991); Mobbs v. Central Vermont Ry, 150 Vt. 311, 316 (1988). In the case where an individual who died is a minor child special rules apply. In a wrongful death suit, the representative of the deceased may also bring a claim on behalf of the estate of the deceased for conscious pain and suffering sustained as a result of the defendant’s conduct. 14 V.S.A. §§ 1451, 1453 and 1492.

Cases for wrongful death in Vermont must be brought within two years from the discovery of the death, subject to specific exceptions. 14 V.S.A. § 1492. Generally, if a plaintiff fails to file a lawsuit within that time period, then the right to bring a claim is barred and no recovery may be had. Therefore, speaking with a Vermont wrongful death attorney at Jarvis, McArthur & Williams as soon as possible is recommended if you believe you may have a right to compensation.