Vermont is an at-fault state with a three-year statute of limitations, modified comparative fault with a 51% bar, and no general caps on compensatory damages in private personal injury cases. Government liability is capped at $500,000 per person / $2,000,000 per occurrence. Auto insurance liability minimums are 25/50/10, with mandatory UM/UIM coverage at higher minimums of 50/100/10.
Vermont provides a three-year statute of limitations for most personal injury claims under Vt. Stat. tit. 12, § 512. This applies to motor vehicle accidents, premises liability, product liability, and general negligence.
Wrongful death: Two years from the date of death (Vt. Stat. tit. 14, § 1492).
Medical malpractice: Three years from the date of the act, or two years from discovery. A seven-year statute of repose applies no claim can be brought more than seven years after the alleged malpractice regardless of when the injury was discovered.
Property damage: Three years.
Sexual abuse: No statute of limitations (eliminated by legislation in 2019). Survivors may also bring claims against institutions that permitted or perpetuated the abuse.
Claims against Vermont state government agencies or employees must be filed within three years. Vermont follows a specific process under the Vermont Tort Claims Act. Government liability is capped (see Damage Caps below).
The statute is tolled for minors (until age 18), mental incapacity, absence of the defendant from Vermont (Vt. Stat. tit. 12, § 552), active military duty (Vt. Stat. tit. 12, § 553), and fraudulent concealment of wrongdoing (Vt. Stat. tit. 12, § 555). The discovery rule applies when injuries are not immediately apparent.
Vermont follows a modified comparative fault rule under Vt. Stat. tit. 12, § 1036. A plaintiff who is 51% or more at fault is completely barred from recovery. If the plaintiff is 50% or less at fault, damages are reduced by their percentage of fault.
Vermont applies pure several liability each defendant pays only their proportionate share of damages. Vermont does not afford joint tortfeasors a right to contribution.
Vermont imposes no caps on economic or non-economic damages in private personal injury cases. There are no caps on medical malpractice damages, auto accident damages, premises liability damages, or any other private personal injury category.
When a state employee is at fault:
- $500,000 per person
- $2,000,000 per occurrence (aggregate)
Punitive damages are available in Vermont and are not subject to a statutory cap. They require proof of malicious, intentional, or particularly egregious conduct.
Vermont is an at-fault (tort) state.
- $25,000 per person for bodily injury
- $50,000 per accident for bodily injury
- $10,000 per accident for property damage
Vermont is one of the states that requires both Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage. The required minimums are higher than the liability minimums:
- $50,000 per person for UM/UIM bodily injury
- $100,000 per accident for UM/UIM bodily injury
- $10,000 for UM/UIM property damage
Vermont does not require Personal Injury Protection (PIP). PIP is available as optional coverage (up to $10,000). Medical Payments (MedPay) coverage is also optional.
Personal injury lawsuits are filed in Superior Court (Civil Division), which serves as the general trial court. Small Claims Court handles cases up to $5,000. Vermont has 14 counties, each with a Superior Court unit.
Chittenden County (Burlington) handles the largest volume of personal injury litigation. Other significant jurisdictions include Washington County (Montpelier), Rutland County, and Windham County.
Vermont's rural roads, severe winter weather, tourism-driven economy, outdoor recreation culture, and agricultural industry generate diverse personal injury litigation. Common case types include motor vehicle accidents (particularly on Routes 7, 4, 100, I-89, and I-91, with winter conditions contributing to many crashes), commercial truck accidents, motorcycle accidents (scenic routes attract riders), pedestrian and bicycle accidents, ski and snowboard injuries (Killington, Stowe, Sugarbush, Jay Peak inherent risk statutes apply but negligence claims are permitted), premises liability (including slip-and-fall on ice and snow Vermont law requires property owners to exercise reasonable care), medical malpractice, product liability, wrongful death, workplace injuries, dog bites (Vermont follows a common law negligence / knowledge standard owner liable if they knew or should have known of dangerous propensities), farm and agricultural injuries, logging and forestry accidents, snowmobile and ATV accidents, boating and lake recreation injuries (Lake Champlain), bicycle touring injuries, injuries at fairs and seasonal events, and nursing home abuse.
Have questions about injury claims? Visit our Personal Injury FAQ for answers to the most common questions injury victims ask.
Vermont provides a three-year statute of limitations for most personal injury claims under Vt. Stat. tit. 12, § 512. This applies to motor vehicle accidents, premises liability, product liability, and general negligence. Wrongful death claims carry a shorter two-year deadline from the date of death under Vt. Stat. tit. 14, § 1492.
Vermont follows a modified comparative fault rule under Vt. Stat. tit. 12, § 1036. A plaintiff who is 51% or more at fault is completely barred from recovery. If the plaintiff is 50% or less at fault, damages are reduced by their percentage of fault. Vermont applies pure several liability, so each defendant pays only their proportionate share of damages.
Vermont imposes no caps on economic or non-economic damages in private personal injury cases. There are no caps on medical malpractice, auto accident, or premises liability damages. Punitive damages are also available with no statutory cap, though they require proof of malicious, intentional, or particularly egregious conduct.
Vermont requires liability minimums of 25/50/10: $25,000 per person for bodily injury, $50,000 per accident for bodily injury, and $10,000 per accident for property damage. Vermont is one of the states that requires both Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage at higher minimums of 50/100/10. PIP is not required but is available as optional coverage.
Claims against Vermont state government agencies or employees must be filed within three years and follow the specific process under the Vermont Tort Claims Act. When a state employee is at fault, government liability is capped at $500,000 per person and $2,000,000 per occurrence (aggregate).
Personal injury lawsuits are filed in Superior Court (Civil Division), which serves as the general trial court. Small Claims Court handles cases up to $5,000. Chittenden County (Burlington) handles the largest volume of personal injury litigation, followed by Washington County (Montpelier), Rutland County, and Windham County.
This is not legal advice. This page provides general information about Vermont personal injury law and is not a substitute for professional legal counsel. If you have been injured, consult with a qualified personal injury attorney licensed in Vermont to discuss the specific facts of your case.
Featured Major Verdict Members in Vermont
Featured Vermont Members
