The statute of limitations for filing a personal injury lawsuit is governed by state law, which can vary from state to state. Personal injury claims arise, for instance, from injuries sustained in a car accident, a workplace accident, or a slip-and-fall incident at a business. While you will have a limited amount of time to file a claim, it is imperative that you begin the process as soon as possible after sustaining an injury in an accident, as waiting too long could result in you losing the opportunity to seek compensation.
A "statute of limitations" refers to this time limit. Different deadlines apply depending on the type of claim, the state where the claim is filed, and whether the claim is filed in state or federal court. This only differs when the plaintiff is seeking damages from the federal or state government. For example, if your injury was caused by a Vermont government employee or agency, there may be different rules governing your claim.
Before taking any action, you should consult with a Vermont personal injury lawyer who has experience handling claims similar to yours. At Brandon J. Broderick, we have handled and won all types of personal injury cases for decades. If you have been injured and have questions, please contact us for a free evaluation of your case.
Vermont Statute Of Limitations
All states limit the amount of time you have to file a lawsuit in court after a wrong has been committed. These deadlines vary based on the type of case you file, but these state statutes are collectively referred to as "statutes of limitations."
In Vermont, an injured person has three years from the date of the injury or accident to file a personal injury lawsuit in the state's civil court system. It is essential to comprehend and adhere to Vermont's three-year time limit. If you attempt to file your lawsuit after the three-year period has expired, the court will likely refuse to hear it.
To determine and negotiate the maximum amount of compensation to which you are entitled, you will need the guidance of an experienced Vermont personal injury lawyer. Contact us as soon as possible so that we can develop a strategy to assist you in handling your personal injury claim.
Shared Fault Laws in Vermont
In some personal injury cases, the party you are attempting to hold liable for your injuries may argue that you contributed to the underlying accident that caused your injury. If you are partially at fault, Vermont's comparative fault rule may reduce or eliminate the amount of damages you can recover from those who may be at fault.
In such cases, Vermont employs a "modified" comparative fault rule. If you are assigned less than 50 percent of the blame, your total damages award will be reduced by an amount equal to your percentage of fault. If you are 50 percent or more at fault, however, you are not entitled to any compensation from the other party.
How does your shared responsibility impact any potential award you may receive? In accordance with Vermont's modified comparative fault rule, your total award (in this example, $20,000) is reduced by $6,000, or 30 percent, to reflect your proportion of fault. As a result, you will be limited to collecting $14,000 from the other negligent party.
Personal injury trials in Vermont must adhere to the state's comparative fault rule, and insurance adjusters may bring up the rule during settlement negotiations if fault is at issue.
Injury Claims Against the Government in Vermont
If your injury was caused by the negligence of a Vermont government agency or government employee, you must follow a different set of rules in order to receive compensation for your injuries.
You have three years to file a claim for injuries involving state government agencies or employees (which is different from a lawsuit). The claim must be submitted to the state's Office of Risk Management using the Vermont General Liability Report of Accident form.
A Vermont personal injury lawyer such as Brandon J. Broderick can help guide you and answer any questions that you might have regarding the unique rules and procedures applicable to government-related injury claims.
What Happens If the Filing Deadline is Missed?
Almost certainly, the defendant in your personal injury case will mention this in a request to dismiss your case if the three-year filing deadline has passed and you continue to file a claim. Unless an exceptional circumstance grants you additional time, the court will dismiss your case.
The Vermont personal injury statute of limitations is essential if you intend to file a formal lawsuit to pursue your claim, but it is also essential if you are negotiating a settlement with the party at fault and his or her insurer. When the deadline for filing your complaint has passed and the other party is aware of it, you will no longer have any negotiating power. Three years might pass quickly, so it's important to be aware of this.
After missing the three-year filing deadline, an experienced personal injury attorney can provide additional insight into your claim and determine whether you still have options.
Brandon J. Broderick's Law Office Is Here To Help You
Have you been injured in an accident caused by someone else's negligence? Do you have questions about the filing deadlines? The most important thing is to address your concerns and ask questions as soon as possible, before it's too late.
Brandon J. Broderick's personal injury attorneys in Vermont have experience and knowledge in a variety of personal injury cases. We can assist you in obtaining the necessary compensation.
As soon as possible, please contact us to schedule a free consultation. We are able to obtain the justice you deserve.