In Vermont, you typically have three years to file a personal injury claim, according to the statute of limitations. In some cases, this period begins on the date of the accident; in others, it begins when the injury is discovered or reasonably should have been discovered. If you fail to file within the three years after the injury, you may no longer be eligible to receive damages. Some exceptions may apply, and there are different deadlines depending on your case’s circumstances.
Our team of experienced personal injury lawyers at Harding Mazzotti, LLP, can help you understand your options, protect your claim, and guide you through every step of your case so you can focus on your recovery.
What Is the Filing Deadline for a Vermont Personal Injury Claim?
Most Vermont personal injury cases must be filed within three years of the date of the accident. This deadline is strict, and missing it can prevent you from recovering damages. Some types of cases have different timelines, including:
- Claims against government entities: A notice of claim must be filed with the entity within 90 days of the incident, and a lawsuit must be filed within three years and 90 days. If your accident involved a government vehicle or occurred on government property, this may apply to your case.
- Wrongful death: You must file a claim within two years of the death.
- Medical malpractice: Must file a claim within three years of the incident or two years from discovering the injury—but no later than seven years from the date the malpractice occurred.
These exceptions make it essential to consult with an attorney early to protect your right to file.
Exceptions to the Statute of Limitations in Vermont
There are some exceptions to the statute of limitations in Vermont, but these are limited and highly case-specific and may require an attorney’s guidance to fully understand. Many of these paused or “tolled” deadlines will only apply in certain circumstances, such as:
- Victims under the age of 18: The statute of limitations is paused until the person turns 18.
- Mental incapacity: If someone is mentally incapacitated or cannot protect their legal interests, the deadline may pause until the disability is removed.
- Out of state: The statute of limitations is paused if the person who caused the accident leaves the state.
- Fraudulent concealment: If the defendant hid the cause of injury, the clock may not start until the issue is discovered.
- Discovery rule for latent injuries: The three-year statute of limitations for a personal injury claim begins when the injury is discovered or should have been reasonably discovered, not on the day it may have occurred. This can include injuries that take time to show up, like back pain developing weeks after a car accident or after using a defective medical device.
- Foreign object in malpractice: In cases of medical malpractice involving the discovery of a foreign object in the patient’s body, a case should be filed within two years of discovering the foreign object.
- Homicide-related wrongful death: If the cause of death is homicide, you must file within seven years of discovery or two years after final criminal judgment, whichever occurs later.
Why Is There a Statute of Limitations?
Statutes of limitations ensure claims are filed while evidence is still available and witnesses’ memories remain reliable. These deadlines protect both the injured parties and the defendants by encouraging timely legal action and well-supported cases.
Keep in mind that workers’ compensation claims are different. In Vermont, injured workers must generally file within two years, and the employer must be notified within 30 days.
What Happens If You Miss the Filing Deadline?
If you miss the statute of limitations for your personal injury lawsuit in Vermont, the court will likely dismiss your case, and you may lose your right to compensation. Because exceptions are so rare, it’s important to contact an attorney as soon as possible after an injury to protect your claim and ensure you understand the deadlines.
The attorneys at Harding Mazzotti, LLP, will answer your personal injury questions and guide you through Vermont’s statute of limitations to ensure your filing rights are protected.
Contact Harding Mazzotti LLP for Your Personal Injury Claim
Our team of personal injury attorneys at Harding Mazzotti, LLP, brings decades of experience to every case and is committed to protecting your rights under Vermont’s statute of limitations. We’ll handle the legal deadlines and details so you can focus on healing.
Contact Harding Mazzotti, LLP today for your free consultation with a personal injury lawyer or call (844) 446-1044 to get started.
