If you have been involved in an accident and sustained injuries, you may have grounds to file a personal injury claim. While these claims are often handled in court, Vermont law provides avenues for settling outside of the courtroom. Whether you intend to litigate or settle, it is crucial to understand the nuts and bolts of personal injury claims in Vermont.
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Statute of Limitations
The statute of limitations is an essential consideration in filing personal injury claims in Vermont. A statute of limitations specifies the deadline within which you must file a claim. In Vermont, the statute of limitations for personal injury claims is three years from the date of the accident or injury. If you fail to file within this period, you may lose your right to compensation.
Comparative Fault
Comparative fault remains a critical legal concept in personal injury claims in Vermont. Vermont follows a modified comparative negligence rule, which means that even if you are partly responsible for the accident or injury, you can still claim compensation. However, the amount of compensation you receive will reduce by the percentage for which you are at fault. If your responsibility for the injury exceeds 50%, you may not receive any compensation.
Damages Caps
Vermont has no statutory cap on damages for personal injury claims. Damages refer to the compensatory value of the injury, including lost wages, medical expenses, and pain and suffering. However, in medical malpractice cases, Vermont law limits non-economic damages (such as pain and suffering) to $750,000.
Dog Bite Claims
Dog bite claims fall under the personal injury category in Vermont. If you get bitten by a dog, you may file a claim against the dog owner to recover damages. Vermont does not follow strict liability; hence, you must show that the dog owner knew or should have known that the dog had dangerous tendencies, and yet, they failed to prevent the attack.
Workers’ Compensation Claims
While workers’ compensation claims are not personal injury cases, they also fall within the purview of Vermont law. Workers’ compensation covers employees injured in the course of their work. Vermont has a no-fault system, meaning that you don’t need to show that anyone was liable for the injury to claim compensation. Additionally, you cannot sue your employer for a work-related injury if they carry workers’ compensation insurance.
Hiring A Personal Injury Lawyer
While it is possible to handle your personal injury claim alone, it is advisable to consult a Vermont personal injury lawyer. A lawyer can help you navigate the legal technicalities, gather evidence, and represent you in court. Most personal injury lawyers work on a contingency basis, meaning that you only need to pay them if they recover compensation on your behalf.
Conclusion
Personal injury claims can be fraught with technicalities and complexities. By understanding the fundamentals of these cases in Vermont, you can make informed decisions about pursuing compensation. If you have any doubts or questions, do not hesitate to consult a professional personal injury lawyer.