The untimely loss of a child is a tragedy no parent should endure, yet it happens more often than one might expect due to negligence, recklessness, or intentional harm. In Vermont, as in most states, wrongful death statutes allow certain family members to seek compensation for the loss of a loved one. One key question often asked is whether parents are eligible to recover wrongful death benefits when their child is the victim. This article explores Vermont’s wrongful death laws, eligibility requirements, and the types of compensation available to grieving parents.
Understanding Vermont’s Wrongful Death Laws
Under Vermont law, wrongful death claims are governed by Title 14, Chapter 71 of the Vermont Statutes Annotated. A wrongful death occurs when an individual’s death is caused by the negligence or misconduct of another party. These claims are civil lawsuits, separate from any criminal charges that might be pursued against the responsible party.
Wrongful death lawsuits in Vermont must typically be started by the executor or administrator of the deceased person’s estate. If no executor is designated, the court may appoint one. While the executor formally files the claim, the compensation is intended for the benefit of the deceased’s close family members, including spouses, children, and, in certain circumstances, parents.
Can Parents File a Claim for Their Child?
Yes, parents can receive wrongful death benefits in Vermont, but their eligibility depends on specific factors, including the age and marital status of the deceased child. Parents are generally eligible to recover damages if the child:
- Was a minor (under 18 years old)
- Was unmarried and without dependents
If the child was an adult at the time of death and had a spouse or children, the surviving spouse or dependents typically take priority in receiving compensation. However, if no immediate dependents exist, parents may still be entitled to wrongful death benefits as the next of kin.
Types of Compensation Available to Parents
Vermont’s wrongful death statutes allow eligible family members to recover compensation for both economic and non-economic damages. For parents grieving the loss of a child, potential compensation can include:
Funeral and Burial Expenses
Parents are often responsible for covering the cost of their child’s final arrangements. Wrongful death claims can help recover these expenses, which can average between $7,000 and $12,000, depending on the services chosen.
Medical Bills
If the child received medical treatment before succumbing to their injuries, parents may recover compensation for any medical costs incurred.
Loss of Financial Support
Although this category primarily applies when the deceased contributed financially to the household, parents of minor children may be compensated for the loss of future earnings the child might have provided had they lived to adulthood.
Emotional Distress
The grief and emotional anguish experienced by parents are profound. Vermont law permits non-economic damages for the pain and suffering caused by the loss of a child.
Loss of Companionship
Parents can also recover damages for the loss of their child’s love, companionship, and guidance, which is considered one of the most significant aspects of wrongful death cases.
Proving Wrongful Death in Vermont
To successfully recover wrongful death benefits, parents or the estate’s executor must establish the following:
- Duty of Care: The defendant owed a duty of care to the deceased (e.g., a driver has a duty to follow traffic laws, or a healthcare provider must adhere to medical standards).
- Breach of Duty: The defendant violated this duty through negligent or intentional actions.
- Causation: The breach directly caused the child’s death.
- Damages: The death resulted in financial and emotional losses for the parents or other beneficiaries.
Evidence such as police reports, medical records, witness testimony, and expert opinions can be vital in proving these elements.
Statute of Limitations for Wrongful Death Claims
In Vermont, wrongful death lawsuits must be filed within two years of the date of death. Missing this deadline often results in losing the right to pursue compensation. Exceptions may apply in certain cases, such as when the cause of death is not immediately apparent. Parents should consult an experienced attorney promptly to ensure compliance with all legal requirements.
How a Vermont Wrongful Death Attorney Can Help
Navigating a wrongful death claim is emotionally and legally complicated. A skilled Vermont wrongful death attorney can guide parents through the process, ensuring all evidence is gathered, deadlines are met, and the family’s best interests are represented. Attorneys often negotiate with insurance companies and opposing counsel to secure fair compensation without the need for a lengthy trial, although they are prepared to litigate if necessary.
Conclusion
The death of a child is an unimaginable loss, and while no amount of money can fill the void left behind, Vermont’s wrongful death laws provide a pathway for parents to seek justice and financial support. Parents are often eligible for compensation to cover medical bills, funeral costs, and the emotional toll of their loss.
Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away
Navigating Vermont Wrongful Death Claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.
Contact us now for a free legal review.