The lawyers at Sylvester & Maley in Burlington, Vermont have extensive experience handling wrongful death claims. The firm has successfully resolved personal injury and wrongful death claims against the operators and owners of tractor-trailer trucks and automobiles, automobile manufacturers, manufacturers of dangerous products and other negligent individuals and corporations. The firm has also handled cases involving deaths caused by fires, carbon monoxide poisoning, drowning, and airline crashes. Our trial lawyers have litigated wrongful death claims based upon medical malpractice. The firm has achieved noteworthy success with wrongful death claims, including the largest verdict and largest settlement in the history of Vermont.

If your family member has died due to what you believe was wrongful or negligent conduct, please contact us via our inquiry form or call collect at 802-864-5722 for a free initial consultation and case evaluation with one of our lawyers.

Vermont Law Pertaining To Wrongful Death

Wrongful death actions are lawsuits brought on behalf of a deceased person's next of kin for deaths caused by the negligent, reckless or intentional conduct of another. Vermont's wrongful death statute provides that the personal representative of the estate may be awarded for the benefit of the spouse and other specified relatives damages for "pecuniary injuries." 14 V.S.A. § 1492(b). Under Vermont law, "pecuniary injuries" are not limited to purely economic losses and may include recovery for loss of companionship, as well as a compensation for lost intellectual, moral and physical training, or the loss of care, nurture and protection. Clymer v. Webster, 156 Vt. 614, 629-630 (1991); Mobbs v. Central Vermont Ry, 150 Vt. 311, 316 (1988). In the case where an individual who died is a minor child special rules apply. In a wrongful death suit, the representative of the deceased may also bring a claim on behalf of the estate of the deceased for conscious pain and suffering sustained as a result of the defendant's conduct. 14 V.S.A. §§ 1451, 1453 and 1492.

Cases for wrongful death in Vermont must be brought within two years from the discovery of the death, subject to specific exceptions. 14 V.S.A. § 1492. Generally, if a plaintiff fails to file a lawsuit within that time period, then the right to bring a claim is barred and no recovery may be had. Therefore, speaking with a Vermont wrongful death attorney as soon as possible is recommended if you believe you may have a right to compensation.