Wrongful Death Laws in Vermont
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A death of a loved one is a tragedy, especially if the death was a result of another party’s negligence or misconduct.
Though no amount of compensation can bring back your loved one, we at Zinda Law Group wish to help you seek damages in the event of a wrongful death.
If you or your loved one seeks to file a wrongful death claim, call Zinda Law Group at (888) 314-6671 for a free consultation with one of our personal injury lawyers.
What Is a Wrongful Death Lawsuit in Vermont?
In Vermont, a wrongful death is a death caused by another person’s wrongful act or neglect. A wrongful death lawsuit is available if the deceased person could have filed a personal injury claim if he or she had survived. However, because the deceased person cannot file a lawsuit, another person must file in his or her place.
Who May File a Wrongful Death Claim Vermont?
Only a personal representative of the deceased person’s estate may file a wrongful death claim. If the deceased had an estate plan (a will), he or she may have appointed a personal representative. If the deceased had no plan (no will), a court may appoint a personal representative to manage the deceased’s estate.
Though it is the personal representative’s duty to file a wrongful death claim, any recovered damages belong to the deceased’s relations. For instance, if the deceased had a spouse and children, the spouse and children will receive any recovered damages. If the deceased had no spouse or children, the damages will go to the deceased’s next of kin or parents.
What Damages Are Available in a Vermont Wrongful Death Claim?
Two general categories of damages are available in a wrongful death claim;
1. damages suffered by family members
2. damages suffered by the deceased’s estate.
The first category includes monetary compensation for;
• the loss of companionship and the like;
• the value of financial support family members would have received if the deceased was still alive, and;
• the value of household services the deceased would have contributed to if he or she was still alive.
The second category includes monetary compensation for;
• the medical expenses related to the deceased’s death;
• funeral and burial expenses, and;
• lost wages and benefits.
How Long Do I Have to File a Wrongful Death Claim in Vermont?
Vermont’s statute of limitations states that a wrongful death claim must be filed within two years of the deceased person’s death. If a criminal proceeding based on the deceased’s death occurs, a wrongful death claim must be filed within two years of conviction or seven years from the date the proceeding begins.
At Zinda Law Group, our personal injury attorneys are highly experienced in dealing with wrongful death claims nationwide. We have the knowledge and resources to help you build the strongest case possible and seek the maximum amount of damages.
We at Zinda Law Group sympathize with our clients who have lost loved ones due to the wrongful acts or neglect of another. No amount of compensation can bring back your loved one, but you can be sure that Zinda Law Group will help you seek the maximum amount of damages from your wrongful death claim.
Meetings with attorneys are available by appointment only.