Vermont Personal Injury Statute of Limitations
Statute of limitations, discovery rule, statute of repose, and government claim deadlines in Vermont.
Personal injury: 3 years §12-512
The general personal injury statute of limitations in Vermont is 3 years from the date of injury. This covers negligence claims arising from car accidents, slip and falls, defective products, and other incidents causing bodily harm.
Three years for personal injury. Vt. Stat. Ann. tit. 12 § 512.
Wrongful death: 2 years
Wrongful death claims must be filed within 2 years of the date of death — not the date of the negligent act that ultimately caused death. Two years from discovery of the death. Brought by the personal representative. 14 V.S.A. § 1492(a). If the death occurred under circumstances such that probable cause is found to charge a person with homicide, the action must be commenced within seven years after discovery of the death or not more than two years after the criminal judgment becomes final, whichever occurs later; if the death was caused by an intentional act constituting murder, the action may be commenced within seven years after discovery of the death. 14 V.S.A. § 1492(a), (e).
The discovery rule §12-512
Vermont recognizes a discovery rule — the statute of limitations may start when the injury was discovered (or should have been discovered through reasonable diligence) rather than when the negligent act occurred.
This is particularly important in cases where injuries are not immediately apparent: medical malpractice (a foreign object left during surgery), toxic exposure, or defective products that cause progressive harm.
Discovery rule applied by case law: SOL begins when injury is discovered or should have been discovered.
Tolling — when the clock pauses
Certain circumstances may pause (toll) the statute of limitations, effectively extending the filing deadline:
- Minority — if the injured person is under 18, the statute of limitations is typically tolled until they reach the age of majority. A parent or guardian can file on the minor's behalf before then.
- Mental incapacity — if the injured person is mentally incapacitated at the time of injury, the clock may not start until capacity is restored
- Defendant absence from the state — if the defendant leaves Vermont, the time away may not count toward the limitations period
- Fraudulent concealment — if the defendant actively concealed the injury or the cause of harm, the clock may be tolled until discovery
Government claims: shorter notice deadlines §12-5601 et seq.
Claims against Vermont government entities have separate, shorter notice requirements that must be satisfied before a lawsuit can be filed:
Vermont Tort Claims Act. State liable for negligent acts of employees within scope of employment.
Summary of Vermont deadlines
| Claim Type | Deadline in Vermont | |
|---|---|---|
| General personal injury | 3 years from injury §12-512 | |
| Wrongful death | 2 years from date of death | |
| Medical malpractice | 3 years (general PI rule applies) §12-512 | |
| Government claims | Notice required: §12-5601 et seq. |
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