Wrongful death cases are among the most emotionally charged legal claims, as they involve seeking justice for the loss of a loved one due to someone else’s negligence or wrongdoing. In Vermont, as in other states, these cases can either settle out of court or proceed to trial, depending on a variety of factors. While many wrongful death claims are resolved through settlements, there are instances where taking the case to court is necessary. Knowing when a wrongful death case goes to court and understanding the legal process in Vermont is important for a family seeking justice.

In this article, we’ll explore the circumstances under which a wrongful death case in Vermont may go to court, the legal framework for these claims, and what to expect if the case proceeds to trial. Understanding the specific laws and rules in Vermont regarding wrongful death claims will help you navigate this challenging process and determine the best course of action for your case.

If a loved one has died and you are seeking justice, consulting an experienced wrongful death attorney is highly recommended. The team at Brandon J. Broderick, Attorney at Law has experience in helping clients through these tough times. Call us today for more info on how we can help.

What is a Wrongful Death Claim?

Defining Wrongful Death

A wrongful death claim arises when someone’s death is caused by the negligent, reckless, or intentional actions of another person or entity. In Vermont, the purpose of a wrongful death lawsuit is to provide compensation to the surviving family members or beneficiaries for the financial and emotional losses they have suffered as a result of their loved one’s untimely death.

Scenarios that may lead to wrongful death claims are personal injury cases like car accidents, medical malpractice, workplace accidents, and defective products. The claim is typically filed by the executor or administrator of the deceased person’s estate on behalf of the surviving family members.

Wrongful Death Laws in Vermont

Vermont’s wrongful death statute is outlined in Vermont Statutes Title 14, Chapter 71. Under this law, the executor or administrator of the decedent’s estate has the right to file a wrongful death claim on behalf of the surviving family members, including spouses, children, parents, or other dependents. The statute allows for the recovery of both economic and non-economic damages, such as funeral expenses, medical bills, lost income, loss of companionship, and emotional suffering.

The statute of limitations for filing a wrongful death lawsuit in Vermont is typically two years from the date of death. If the claim is not filed within this time frame, the family may lose the right to seek compensation.

When Does a Wrongful Death Case Go to Court?

Out-of-Court Settlements

In many wrongful death cases, the responsible party or their insurance company may offer a settlement before the case goes to court. Settlements are often a preferred option because they can resolve the matter more quickly and avoid the costs and uncertainty of a trial. During settlement negotiations, both parties will work to reach an agreement on compensation that is fair to the survivors and addresses their losses.

If both sides agree to the settlement, the case will not proceed to court, and the family will receive the agreed-upon compensation. Settlements are common in wrongful death cases because they provide a way to resolve the claim without going through the lengthy litigation process.

When a Settlement Cannot Be Reached

However, not all wrongful death claims end in settlements. A case may go to court when there are:

1. Disputes Over Liability: If the parties involved cannot agree on who is responsible for the death, the case is more likely to go to court. For example, in a car accident where fault is contested, the defendant may deny responsibility, and the case may need to be decided by a judge or jury.
2. Disagreements on Compensation: Even if liability is established, the parties may disagree on the amount of compensation owed. If the surviving family members believe that the settlement offer is too low to cover their losses, they may choose to take the case to trial.
3. Insurance Company Denials: In some cases, the insurance company representing the responsible party may deny the claim altogether. When this happens, the family may have no choice but to pursue the case in court to seek justice and compensation.

Trial Process for a Wrongful Death Case in Vermont

If a wrongful death case goes to court in Vermont, the process generally involves several stages:

1. Filing the Lawsuit: The executor or administrator of the deceased’s estate must formally file a wrongful death lawsuit in the appropriate court. The defendant(s) will then be served with the complaint, and the legal process begins.
2. Discovery: During the discovery phase of a trial, both parties will exchange information related to the case. This may include evidence like medical records or accident reports, as well as witness statements and expert testimony. The goal of discovery is to gather all relevant information to strengthen your case.
3. Pre-Trial Motions and Negotiations: Before the trial begins, there may be pre-trial motions filed by both parties. Additionally, settlement negotiations may continue during this time. If a settlement is reached before trial, the case will be resolved without going to court.
4. Trial: If the case goes all the way to trial, both parties will present their evidence and arguments to either a judge or jury. The judge or jury will then decide whether the defendant is liable for the death and, if so, determine the appropriate amount of compensation.
5. Verdict and Compensation: If the court is in favor of the plaintiffs, the survivors will be awarded compensation based on the damages they’ve suffered. This can include medical bills, funeral expenses, lost income, pain and suffering, and more.

What to Expect in a Vermont Wrongful Death Trial

Wrongful death trials can be emotionally and financially taxing, as the family must relive the circumstances of their loved one’s death in court. The trial process can take months or even years, depending on the complexity of the case and the court’s schedule.

One important consideration in Vermont is the comparative negligence rule, which allows the court to reduce the compensation awarded to the plaintiffs if the deceased person was found to be partially at fault for their own death. Under Vermont law, as long as the deceased was not more than 50% responsible for the accident, the family can still recover damages, but the award will be reduced based on the percentage of fault.

Call Brandon J. Broderick For Legal Help

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.