Vermont Personal Injury Laws
Vermont follows a modified comparative fault system with a 51% bar, meaning you can recover damages if you are 50% or less at fault. Vermont is a traditional tort (at-fault) auto insurance state, so the person who caused the accident is responsible for your damages. The general statute of limitations for personal injury is 3 years, with a discovery rule that starts the clock when the injury is discovered.
Last verified: 2026-02-26
Statute of Limitations
Personal injury claims must be filed within 3 years after the cause of action accrues. The cause of action accrues as of the date of discovery of the injury.
Exceptions
The cause of action accrues on the date of discovery of the injury, not necessarily the date the injury occurred. This is built into the statute itself.
Wrongful death actions must be commenced within 2 years from the discovery of the death. If homicide charges are found, the period extends to 7 years.
If the person entitled to bring an action is a minor at the time the cause of action accrues, the statute of limitations is tolled during the period of minority.
Fault & Liability Rules
Contributory negligence does not bar recovery as long as the plaintiff's negligence was not greater than the total negligence of the defendant(s). Damages are reduced in proportion to the plaintiff's share of fault. If you are 51% or more at fault, you recover nothing.
Damage Caps
Vermont does not impose a statutory cap on compensatory damages in personal injury cases.
Vermont does not have a statutory cap on punitive damages. Punitive damages require evidence of malice, gross negligence, or intentional misconduct. Courts follow U.S. Supreme Court proportionality guidance.
Auto Insurance System
Vermont is a traditional tort (at-fault) state. The at-fault driver is liable for injuries and damages. Minimum liability coverage is 25/50/10: $25,000 per person bodily injury, $50,000 per accident bodily injury, and $10,000 property damage. Uninsured/underinsured motorist coverage is mandatory at $50,000/$100,000.
Key Vermont Statutes
Vermont has abolished joint and several liability. Where recovery is allowed against more than one defendant, each defendant is liable only for their proportional share of the total damages based on their percentage of causal negligence.
The personal representative of the deceased may bring a wrongful death action within 2 years of the discovery of the death. Damages may include loss of future earnings, companionship, and funeral expenses.
Official Sources
Not Legal Advice
This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Vermont.
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