Injuries sustained from accidents can have a huge impact on your physical, emotional, and financial well-being. When someone else’s negligence causes your injury, filing a personal injury lawsuit in Vermont may help you recover damages for medical, lost income, and other losses. Understanding the steps involved in this process ensures that you’re prepared and informed as you pursue your case.

1. Understanding Personal Injury Laws in Vermont

Vermont operates under a comparative negligence rule, which means your compensation can be lowered if you are found partially at fault for the accident. For instance, if you’re 20% responsible for a car accident and the court awards $100,000 in damages, you would receive $80,000. However, if you’re found to be 51% or more at fault, you may not recover any compensation.

Additionally, Vermont has a three-year statute of limitations for most personal injury claims. This means you must file your lawsuit within three years from the date of the injury. Missing this deadline could result in your case being dismissed, barring you from seeking compensation.

2. Seek Medical Attention Immediately

After any accident, prioritize your health by seeking medical care, even if you think your injuries are not too serious or minor. Medical records document your injuries but also serve as vital evidence in your lawsuit. Insurance companies and courts heavily rely on these records to assess the total extent of your injuries.

3. Consult with an Experienced Personal Injury Attorney

Hiring a Vermont personal injury lawyer can greatly increase your chances of a successful claim. An experienced attorney will:

• Evaluate the strength of your case.
• Gather and organize evidence.
• Negotiate with insurance companies on your behalf.
• Represent you in court, if necessary.

Majority of personal injury lawyers work off a contingency fee basis, which means that they only get paid if you win your case.

4. Gather Evidence

Evidence plays a pivotal role in proving negligence and establishing the value of your claim. Key pieces of evidence include:

• Accident Reports: Police or incident reports can provide crucial details about the accident.
• Photographs: Capture images of the scene, injuries, property damage, or hazardous conditions.
• Witness Statements: Contact information and statements from witnesses can support your version of events.
• Medical Records and Bills: These documents demonstrate the severity of your injuries and the financial impact of the accident.

In Vermont, preserving evidence is especially important in cases involving icy sidewalks or other temporary hazardous conditions. Acting quickly ensures that valuable proof doesn’t disappear.

5. File a Complaint

The process of filing a lawsuit begins with drafting and submitting a complaint. This legal document outlines:

• The details of the accident.
• How the defendant’s negligence caused your injuries.
• The compensation you’re seeking (damages).

Once the complaint is filed in the appropriate Vermont court, the defendant will be served with a copy and given time to respond.

6. The Discovery Phase

Discovery is a pre-trial process where both parties exchange evidence and gather information. This phase often involves:

• Depositions: Witnesses and parties provide sworn testimony.
• Interrogatories: Written questions are exchanged between parties to clarify facts.
• Document Requests: Both sides may request relevant documents, such as medical records or accident reports.

Discovery can be time-consuming, but it’s an essential step in building a solid case.

7. Negotiations and Settlement

Before going to trial, many personal injury cases in Vermont are resolved through settlement negotiations. During this stage, your attorney will work to negotiate a fair settlement with the defendant’s insurance company. Settling out of court saves time, money, and stress for both parties.

However, it’s essential not to accept the first settlement offer, as it’s often lower than what you deserve. Your attorney will calculate a fair value for your claim based on:

• Medical expenses (current and future).
• Lost income.
• Pain and suffering.
• Property damage.

8. Trial

If a settlement cannot be reached, your case may proceed to trial. During the trial, both sides will present their evidence, question witnesses, and make strong arguments to a judge or jury. The court will then determine whether the defendant is liable and, if so, how much compensation you are entitled to receive.

Vermont courts strive for impartiality, and having a skilled lawyer by your side can help make sure that your rights are protected throughout the process.

9. Receiving Compensation

If you win your case or settle with the defendant, you’ll receive compensation to cover your damages. Vermont allows for several types of compensation in personal injury cases, including:

• Economic Damages: Tangible losses, such as medical bills and lost income.
• Non-Economic Damages: Intangible losses, like pain and suffering.
• Punitive Damages: Rarely awarded, punitive damages punish egregiously negligent or intentional conduct.

Your attorney will guide you through the process of collecting your settlement or judgment.

Tips for Strengthening Your Claim

To increase your chances of success, consider these additional tips:

• Keep Detailed Records: Maintain a journal documenting how your injury has affected your daily life.
• Avoid Social Media: Posting about your accident or activities can be used against you by insurance companies or opposing counsel.
• Follow Medical Advice: Failing to adhere to your doctor’s recommendations could weaken your claim.

Conclusion

Filing a personal injury lawsuit in Vermont may feel overwhelming, but understanding the process and seeking professional guidance can make a significant difference. From gathering evidence to negotiating a settlement, each step is an opportunity to strengthen your case and secure the compensation you deserve. 

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Vermont personal injury 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.