Vermont Statute of Limitations: Filing Deadlines by Case Type

Understanding Vermont's statute of limitations is essential for anyone considering a lawsuit or facing criminal charges in the Green Mountain State. These deadlines determine how long you have to file a civil claim or how long prosecutors have to bring criminal charges. Missing a filing deadline typically means losing your right to pursue the case entirely.
Vermont organizes its civil limitation periods primarily under Title 12, Chapter 23 of the Vermont Statutes Annotated (V.S.A.), while criminal deadlines fall under 13 V.S.A. § 4501. The time limits vary widely depending on the type of case, ranging from 1 year for ski injuries to no limit at all for murder and certain sex offenses.
Vermont Civil Statute of Limitations
Vermont's civil statutes of limitations set the maximum time a person has to file a lawsuit after a legal dispute arises. If you fail to file within the allowed period, the opposing party can ask the court to dismiss your case. Once dismissed on statute of limitations grounds, the claim is lost permanently.
The general rule in Vermont is that most civil actions must begin within 6 years after the cause of action accrues, unless a more specific statute applies (12 V.S.A. § 511).
Personal Injury Claims
Vermont allows 3 years to file personal injury lawsuits. Under 12 V.S.A. § 512, actions for injuries to the person must be started within three years after the cause of action accrues. The cause of action accrues on the date you discover (or reasonably should have discovered) the injury, not necessarily the date the injury occurred.
Ski injuries are an exception. Under 12 V.S.A. § 513, actions to recover for injuries sustained while skiing must be filed within 1 year after the cause of action accrues.
Medical Malpractice
Medical malpractice claims follow special rules under 12 V.S.A. § 521. You must file within the later of:
- 3 years from the date of the medical incident, or
- 2 years from the date the injury was discovered or reasonably should have been discovered
However, Vermont imposes an absolute outer limit (statute of repose) of 7 years from the date of the incident. After 7 years, claims are barred regardless of when the injury was discovered.
There is one exception: if the healthcare provider engaged in fraudulent concealment that prevented the patient from discovering the negligence, no time limit applies.
Wrongful Death
Vermont's wrongful death statute of limitations is found in 14 V.S.A. § 1492. The personal representative of the deceased person must file suit within 2 years from the discovery of the death. If the defendant is outside the state, the action may be started within 2 years after the person returns to Vermont.
In cases where the death resulted from circumstances leading to homicide charges, the deadline extends to 7 years after the discovery of the death, or 2 years after the criminal judgment becomes final, whichever is later.
Contract Disputes
Vermont applies different time limits depending on the type of contract:
| Contract Type | Time Limit | Statute |
|---|---|---|
| Written contracts (specialties/sealed instruments) | 8 years | 12 V.S.A. § 507 |
| General civil actions (including oral contracts) | 6 years | 12 V.S.A. § 511 |
| Sale of goods (UCC) | 4 years | 9A V.S.A. § 2-725 |
| Witnessed promissory notes | 14 years | 12 V.S.A. § 508 |
| Judgments (renewal or revival) | 8 years | 12 V.S.A. § 506 |
For UCC sale-of-goods contracts, the parties may agree to reduce the period to as little as 1 year, but they cannot extend it beyond 4 years.
Property and Real Estate Claims
Actions for the recovery of land or possession of real property must be brought within 15 years after the cause of action accrues (12 V.S.A. § 505). This 15-year window also governs adverse possession claims in Vermont.
Actions for damage to personal property must be filed within 3 years under 12 V.S.A. § 512.
Fraud
Fraud claims in Vermont must be brought within 6 years after the cause of action accrues (12 V.S.A. § 511).
Childhood Sexual and Physical Abuse (No Time Limit)
In 2019, Vermont passed landmark legislation eliminating the civil statute of limitations for childhood sexual abuse claims. Under 12 V.S.A. § 522, a civil action for recovery of damages for injury suffered as a result of childhood sexual or physical abuse may be filed at any time after the alleged act.
This law applies retroactively. Claims that were previously barred by an earlier statute of limitations have been revived. For retroactive claims against entities (such as schools, churches, or organizations), the plaintiff must prove gross negligence on the part of the entity that employed, supervised, or had responsibility for the person who allegedly committed the abuse.
Complete Civil Statute of Limitations Table
| Case Type | Time Limit | Statute |
|---|---|---|
| Personal injury | 3 years | 12 V.S.A. § 512(1)(4) |
| Ski injuries | 1 year | 12 V.S.A. § 513 |
| Medical malpractice | 3 years from incident or 2 years from discovery (max 7 years) | 12 V.S.A. § 521 |
| Wrongful death | 2 years from discovery of death | 14 V.S.A. § 1492 |
| Libel/slander | 3 years | 12 V.S.A. § 512(3) |
| False imprisonment | 3 years | 12 V.S.A. § 512(2) |
| Assault and battery | 3 years | 12 V.S.A. § 512 |
| Injury to personal property | 3 years | 12 V.S.A. § 512(5) |
| Product liability | 3 years | 12 V.S.A. § 512(4) |
| Trespass | 3 years | 12 V.S.A. § 512(5) |
| Fraud | 6 years | 12 V.S.A. § 511 |
| Written contracts (specialties) | 8 years | 12 V.S.A. § 507 |
| Oral contracts/general civil actions | 6 years | 12 V.S.A. § 511 |
| Sale of goods (UCC) | 4 years | 9A V.S.A. § 2-725 |
| Witnessed promissory notes | 14 years | 12 V.S.A. § 508 |
| Collection of debt on account | 6 years | 12 V.S.A. § 511 |
| Judgments (renewal/revival) | 8 years | 12 V.S.A. § 506 |
| Recovery of land | 15 years | 12 V.S.A. § 505 |
| Childhood sexual/physical abuse | No limit | 12 V.S.A. § 522 |
Vermont Criminal Statute of Limitations
Vermont's criminal statute of limitations determines how long prosecutors have to file charges after a crime is committed. These deadlines are set by 13 V.S.A. § 4501.
Crimes with No Statute of Limitations
Vermont does not impose any time limit on prosecuting the following offenses:
- Murder
- Manslaughter
- Arson causing death
- Kidnapping
- Aggravated sexual assault
- Sexual assault
- Aggravated sexual assault of a child
- Sexual exploitation of a minor
- Human trafficking
- Aggravated human trafficking
These crimes are considered so serious that the state may prosecute them at any point, regardless of how much time has passed.
Extended Criminal Deadlines
Some felonies carry longer limitation periods than the general 3-year rule:
40 years: Maiming and sexual abuse of a vulnerable adult.
11 years: Arson (not causing death) and first-degree aggravated domestic assault.
6 years: Lewd and lascivious conduct, grand larceny, robbery, burglary, embezzlement, forgery, bribery offenses, false claims, fraud, and felony tax offenses.
General Felonies and Misdemeanors
All other felonies not listed above must be prosecuted within 3 years after the commission of the offense. Misdemeanors also carry a 3-year limitation period.
Crimes Against Children
Vermont provides additional protections for child victims:
- No limit: Aggravated sexual assault of a child, sexual exploitation of a minor
- 40 years: Sexual assault against a minor, lewd and lascivious conduct against a minor, lewd or lascivious conduct with a child
These extended periods reflect the reality that child victims often need years or decades before they are able to report abuse.
Complete Criminal Statute of Limitations Table
| Crime Category | Time Limit | Statute |
|---|---|---|
| Murder, manslaughter, arson causing death, kidnapping | No limit | 13 V.S.A. § 4501 |
| Aggravated sexual assault, sexual assault | No limit | 13 V.S.A. § 4501 |
| Human trafficking, aggravated human trafficking | No limit | 13 V.S.A. § 4501 |
| Sexual exploitation of a minor, aggravated sexual assault of a child | No limit | 13 V.S.A. § 4501 |
| Maiming, sexual abuse of a vulnerable adult | 40 years | 13 V.S.A. § 4501 |
| Sexual assault against a minor, lewd conduct with a child | 40 years | 13 V.S.A. § 4501 |
| Arson (not causing death), first-degree aggravated domestic assault | 11 years | 13 V.S.A. § 4501 |
| Grand larceny, robbery, burglary, embezzlement | 6 years | 13 V.S.A. § 4501 |
| Forgery, bribery, false claims, fraud, felony tax offenses | 6 years | 13 V.S.A. § 4501 |
| Lewd and lascivious conduct | 6 years | 13 V.S.A. § 4501 |
| All other felonies | 3 years | 13 V.S.A. § 4501 |
| Misdemeanors | 3 years | 13 V.S.A. § 4501 |
Tolling Provisions in Vermont
Vermont law recognizes several situations where the statute of limitations clock is paused (tolled). Under 12 V.S.A. § 551, the clock stops running when the person entitled to bring an action:
- Is a minor at the time the cause of action accrues. The limitations period does not start until the person turns 18.
- Lacks mental capacity to protect their interests due to a mental condition or psychiatric disability.
- Is imprisoned at the time the cause of action accrues.
Once the disability is removed, the person has the full limitations period to file their claim.
Absence from the State
Under 12 V.S.A. § 552, if the defendant leaves Vermont after a cause of action accrues, the time of absence is not counted toward the statute of limitations. Similarly, for criminal cases, the clock stops running if the defendant or suspect leaves the state.
Military Service
Vermont also tolls the statute of limitations for members of the armed services under 12 V.S.A. § 553.
Discovery Rule
For certain claims, Vermont uses a "discovery rule" that delays the start of the limitations period until the plaintiff discovers (or reasonably should have discovered) the injury. This applies to personal injury claims under 12 V.S.A. § 512 and medical malpractice claims under 12 V.S.A. § 521.
How the Statute of Limitations Works in Practice
When the clock starts depends on the type of case. For most civil claims, time begins on the date the cause of action "accrues," which generally means the date the wrongful act occurred. For personal injury cases, accrual starts on the date of discovery of the injury.
If you file a lawsuit after the statute of limitations has expired, the defendant can raise it as an affirmative defense by filing a motion to dismiss. Courts will almost always grant the dismissal, and your claim will be permanently barred.
There is no way to restart the clock once it expires, with the limited exception of the 2019 revival provision for childhood abuse claims under 12 V.S.A. § 522.
Tips for Protecting Your Legal Rights
- Act quickly. Do not wait until close to the deadline to file. Gathering evidence, finding witnesses, and preparing legal documents takes time.
- Track your dates carefully. Note the exact date of the incident, when you discovered the injury, and when the statute of limitations expires.
- Consult a Vermont attorney. An experienced lawyer can confirm which limitation period applies to your specific situation and identify any tolling exceptions that may extend your deadline.
- Keep records. Save all documents, correspondence, medical records, and photographs related to your claim.
State laws are always subject to change. While this guide reflects Vermont law as of 2026, consider consulting with a Vermont attorney or reviewing the official Vermont statutes to verify the current law.
More Vermont Laws
Sources and References
- 12 V.S.A. § 511 - Civil actions general 6-year limitation(legislature.vermont.gov).gov
- 12 V.S.A. § 512 - Three-year limitations for personal injury, property damage, libel, slander(legislature.vermont.gov).gov
- 12 V.S.A. § 513 - One-year limitation for ski injuries(legislature.vermont.gov).gov
- 12 V.S.A. § 521 - Medical malpractice limitations with discovery rule and 7-year repose(legislature.vermont.gov).gov
- 12 V.S.A. § 522 - No time limit for childhood sexual or physical abuse claims(legislature.vermont.gov).gov
- 14 V.S.A. § 1492 - Wrongful death action, 2-year limitation from discovery(legislature.vermont.gov).gov
- 12 V.S.A. § 507 - Eight-year limitation for specialties (written contracts)(legislature.vermont.gov).gov
- 12 V.S.A. § 506 - Eight-year limitation for judgments(legislature.vermont.gov).gov
- 12 V.S.A. § 508 - Fourteen-year limitation for witnessed promissory notes(legislature.vermont.gov).gov
- 12 V.S.A. § 505 - Fifteen-year limitation for recovery of land(legislature.vermont.gov).gov
- 9A V.S.A. § 2-725 - Four-year limitation for UCC sale-of-goods contracts(legislature.vermont.gov).gov
- 13 V.S.A. § 4501 - Criminal statute of limitations for all offense categories(legislature.vermont.gov).gov
- 12 V.S.A. § 551 - Tolling for minors, mental incapacity, and imprisonment(legislature.vermont.gov).gov
- 12 V.S.A. § 552 - Tolling for defendant absence from state(legislature.vermont.gov).gov
- 12 V.S.A. § 553 - Tolling for military service members(legislature.vermont.gov).gov
- Vermont Title 12, Chapter 23 - Full chapter on limitation of time for commencement of actions(legislature.vermont.gov).gov