What Is The Statute Of Limitations On Personal Injury Claims In Vermont?

Personal injury claims can arise from a variety of incidents, ranging from car accidents to slip and fall injuries. While it is important to seek medical attention and consult with a personal injury lawyer as soon as possible after an injury, there are also legal time limits in place for filing a personal injury claim. In Vermont, these legal time limits are referred to as the statute of limitations.

Defining the Statute of Limitations

The statute of limitations is a law that sets a time limit within which a legal claim can be filed. It is established to ensure that both parties involved in a lawsuit have an equal opportunity to present their case. The primary goal of the statute of limitations is to guarantee that claims are filed within a reasonable time frame after the alleged misconduct occurred.

In Vermont, the statute of limitations for personal injury claims is outlined in Vermont Statutes Chapter 1, Section 512. This statute sets a time limit of three years for filing a personal injury lawsuit. The clock generally starts ticking from the date the injury occurred. However, there are some exceptions to this rule.

Exceptions to the Statute of Limitations

Certain situations may toll or pause the running of the statute of limitations. One such situation is known as the "discovery rule." Under the discovery rule, the statute of limitations may be tolled until the injured party knew or should have known that they were injured or until the injury could have been discovered through reasonable diligence. This rule can apply in cases where the injury is not immediately apparent, such as in cases of exposure to toxic substances.

Another exception to the statute of limitations is for injuries sustained by minors. In Vermont, the statute of limitations on personal injury claims for a minor does not begin until they reach the age of 18. This means that a minor who was injured has until their 21st birthday to file a personal injury claim.

There is also an exception for cases involving medical malpractice. In Vermont, the statute of limitations for medical malpractice claims is two years from the date of the alleged malpractice, or within two years of when the injury was discovered, or should have been discovered, through reasonable diligence, whichever comes first.

Why the Statute of Limitations Matters

The statute of limitations plays an essential role in the legal system. It ensures that cases are filed within a reasonable time frame and that evidence is not lost or degraded over time. Waiting too long to file a claim can result in the inability to recover damages. Therefore, it is crucial to consult a personal injury lawyer as soon as possible after an injury.

Conclusion

The statute of limitations is a crucial law to understand when pursuing a personal injury claim. In Vermont, the statute of limitations for personal injury claims is three years from the date of injury, with some exceptions. It is essential to take prompt legal action to ensure the best possible outcome for your personal injury claim. Contact a Vermont personal injury lawyer for guidance on your legal options.

Scroll to Top