Vermont's wrongful death statute under 14 V.S.A. §§ 1491-1492 carries a two-year filing deadline from the date of death with no general cap on compensatory damages — the "just with reference to the pecuniary injuries" standard under § 1492 gives Vermont juries broad discretion to compensate surviving families for all provable losses.
Vermont's wrongful death statute at 14 V.S.A. §§ 1491-1492 requires the personal representative — the executor or administrator of the estate — to file within two years from the date of death. The 2-year wrongful death SOL runs from the date of death, not the date of the incident, which matters when the decedent survived an injury for a period. Vermont has no statutory cap on wrongful death compensatory damages; § 1492 directs juries to award damages "as are just, with reference to the pecuniary injuries resulting from the death" — an open-ended standard. State tort claims against government entities remain capped at $500,000 per claimant under 12 V.S.A. § 5601. For intentional murder, a 7-year filing period applies under § 1491.
Vermont's wrongful death SOL is two years from the date of death under 14 V.S.A. § 1491. This is separate from Vermont's general three-year personal injury SOL under 12 V.S.A. § 512. Families who experience a delayed death — where the decedent survived the incident for weeks or months — sometimes conflate the two deadlines and assume they have three years from the original incident. They do not. The two-year wrongful death clock starts from the date of death, not from the date of the crash or accident. Meanwhile, crash evidence degrades on a schedule measured in days and weeks — surveillance footage is overwritten, EDR data may be lost during vehicle repair, and witnesses relocate or forget critical details long before any legal deadline arrives.
Vermont's wrongful death statute at § 1492 allows recovery of damages "as are just, with reference to the pecuniary injuries resulting from the death." Vermont has no statutory cap on wrongful death compensatory damages — lost future earnings, loss of household services, medical expenses incurred between the injury and death, and funeral and burial expenses are fully recoverable without a ceiling. This stands in contrast to several neighboring states that impose caps on wrongful death noneconomic damages. The absence of a cap means recovery is limited by the defendant's coverage and assets, not by a legislative ceiling, and expert economic testimony on the decedent's projected lifetime earnings and services becomes the critical driver of the recovery value.
Vermont's 51% comparative negligence bar under 12 V.S.A. § 1036 applies to wrongful death claims. If the decedent's own fault exceeded 51% of the combined fault, the wrongful death claim is barred. In wrongful death cases, the defense reconstructs the decedent's conduct through physical evidence, vehicle data, cell records, and witness testimony — because the decedent cannot testify. This reconstruction is the defense's primary lever for inflating the attributed fault allocation. Forensic evidence preserved immediately after the fatal incident — EDR downloads, accident reconstruction, independent witness statements — is the tool that holds the decedent's attributed fault below Vermont's 51% elimination threshold.
When a fatal incident occurred on Vermont government property — a state highway, town road, or municipal facility — a wrongful death claim against the government entity may supplement the private-defendant recovery. Vermont state tort claims under 12 V.S.A. §§ 5601-5606 cap recovery at $500,000 per claimant and $2,000,000 per occurrence. For incidents on or near bridges or culverts, the 20-day written notice to the town selectboard under 19 V.S.A. § 987 applies in the wrongful death context — a notice obligation that must be identified and filed within days of the fatal incident, while the family is still in crisis. An attorney who identifies the government defendant immediately and files the 19 V.S.A. § 987 notice preserves this recovery source and creates additional settlement leverage.
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The legal information on this page is for general educational purposes only and is not legal advice. Laws change, and every case is different. Always consult with a licensed attorney in your state to verify the current law and how it applies to your specific situation.
Two years from the date of death under 14 V.S.A. § 1491. This is separate from Vermont's general three-year personal injury SOL under 12 V.S.A. § 512. When the decedent survived the incident for a period before dying, the two-year wrongful death clock starts from the date of death, not from the original accident. For government entity claims, a 20-day bridge/culvert notice under 19 V.S.A. § 987 may also apply if the fatal incident occurred on or near that infrastructure.
The personal representative of the decedent's estate — the executor named in the will or an administrator appointed by the probate court — files the wrongful death action under 14 V.S.A. § 1491. Damages run for the benefit of the surviving spouse and next of kin. If probate has not been opened, establishing the estate and obtaining a personal representative appointment is the necessary first step before the wrongful death claim can proceed.
No general cap on compensatory damages applies to wrongful death claims in Vermont. Section 1492 directs courts to award damages "as are just, with reference to the pecuniary injuries resulting from the death." This open-ended standard allows recovery of lost future earnings, loss of household services, medical expenses between the injury and death, and funeral and burial expenses without a legislative ceiling. Vermont state tort claims against government entities are separately capped at $500,000 per claimant under 12 V.S.A. § 5601.
Under 12 V.S.A. § 1036, if the decedent's fault exceeded 51% of the combined fault of all parties, the wrongful death claim is barred. Below 51%, the wrongful death recovery is reduced proportionally. The defense reconstructs the decedent's conduct through physical evidence, vehicle data, and witnesses — because the decedent cannot testify. Forensic evidence preserved immediately after the fatal incident holds the decedent's attributed fault below Vermont's 51% elimination threshold.
A personal injury claim is filed by the injured person for their own damages. A wrongful death claim under 14 V.S.A. § 1491 is filed by the personal representative of the decedent's estate on behalf of the surviving spouse and next of kin. Vermont also permits a survival action — the decedent's own pre-death personal injury claims survive to the estate and are brought by the personal representative alongside the wrongful death action. The survival action covers the decedent's pain and suffering, medical expenses, and lost wages from the time of injury to death; the wrongful death action covers the surviving family's pecuniary losses.
All legal information on this page is sourced from primary government statutes. Last verified 2026-04-07.
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