Vermont Wrongful Death Laws (2026): Deadlines & Who Sues

When a person in Vermont dies because of another party's wrongful act, neglect, or default, the law allows the deceased person's estate to bring a wrongful death claim for the losses suffered by surviving family members. Vermont's wrongful death statute, found at 14 V.S.A. 1492, sets the deadline, names who may sue, and describes the damages available. A separate survival statute lets the estate continue the claim the decedent could have pursued. This guide explains the current rules in plain terms. It is general information and attorney advertising, not legal advice.

The deadline to file in Vermont

Under 14 V.S.A. 1492, a Vermont wrongful death action generally must be commenced within two years from the discovery of the death. For most families this means two years from the date the death is known, which makes it the central deadline in the case. Missing it almost always ends the claim regardless of how strong the underlying facts are.

Vermont law provides longer windows in narrow situations. If the death was caused by an intentional act constituting murder, the action may be commenced within seven years after discovery of the death. Where the death occurred under circumstances such that probable cause is found to charge a person with homicide, the statute allows the action to be brought within seven years after discovery of the death, or not more than two years after the judgment in that criminal action becomes final, whichever occurs later. Claims that involve a government entity can also carry separate notice rules. Because these variations change the math, confirming your specific deadline early is essential.

Who can file in Vermont

Vermont does not let individual family members file a wrongful death lawsuit on their own. The statute requires the action to be brought in the name of the personal representative of the deceased person, meaning the executor named in a will or the administrator appointed by the probate court. The personal representative acts on behalf of the survivors rather than for personal benefit.

The people who can ultimately share in any recovery are the surviving spouse and the next of kin. Next of kin generally means the closest blood relatives who would inherit under Vermont's rules, such as children, and where there is no spouse or children, parents and siblings. Because only the personal representative may sue, one of the first steps in a Vermont wrongful death case is often opening an estate and having that representative appointed.

Wrongful death versus survival action

Vermont recognizes two distinct claims that arise from the same death, and they frequently proceed together. The wrongful death claim under 14 V.S.A. 1492 compensates the surviving spouse and next of kin for their own losses caused by the death. It looks forward at what the family lost.

The survival action is different. Survival of a decedent's personal injury claims is governed by the companion provisions of Title 14, chapter 71, which let certain causes of action the decedent had survive their death and be prosecuted by the executor or administrator. This can let the estate continue a personal injury claim the decedent could have brought had they lived, including the conscious pain and suffering the decedent experienced before death and related expenses. Any recovery in the survival action belongs to the estate and is distributed through it, while the wrongful death recovery goes to the spouse and next of kin.

Damages you can recover

Vermont measures wrongful death damages by the pecuniary injuries resulting from the death to the spouse and next of kin. Although the word pecuniary sounds purely financial, Vermont courts have long read it broadly. It covers the loss of the financial support the decedent would have provided and the value of lost services, and it also reaches the loss of the decedent's care, nurture, companionship, and guidance to the family.

The statute is explicit for one situation. When the decedent is a minor child, pecuniary injuries expressly include the loss of love and companionship of the child and the destruction of the parent-child relationship. The survival action adds the decedent's own pre-death pain and suffering and medical expenses on behalf of the estate. Together, the two claims allow recovery for both the family's forward-looking losses and the harm the decedent personally endured.

Damage caps and punitive damages

Vermont does not impose a general statutory dollar cap on wrongful death compensatory damages. The amount is set by the trier of fact based on the pecuniary injuries proven, without an arbitrary ceiling on economic or noneconomic recovery in the ordinary case.

Punitive damages are available in Vermont only in limited circumstances. They require proof of conduct that is malicious or shows a wanton disregard for the rights of others, not ordinary negligence, and they are awarded to punish and deter rather than to compensate. Most wrongful death recoveries in Vermont are therefore compensatory, with punitive damages reserved for the rare case of egregious, intentional, or reckless wrongdoing.

How fault affects the claim

Vermont follows modified comparative negligence under 12 V.S.A. 1036. If the person who died is found to have been partly at fault, any recovery is reduced in proportion to that share of fault. Recovery is barred entirely only when the decedent's negligence is greater than the combined negligence of the defendants, which is commonly described as the 51 percent rule. A decedent who was 50 percent or less at fault can still recover, with the award reduced accordingly. Because the line between recovering a reduced amount and recovering nothing turns on how fault is allocated, the fault analysis is often central to a Vermont wrongful death case.

How proceeds are distributed

Under 14 V.S.A. 1492, the amount recovered in a wrongful death action is distributed to the surviving spouse and next of kin in proportion to the pecuniary injuries each suffered, with that proportion determined upon notice to all interested persons. This is different from a straight intestacy split, because the focus is on each survivor's actual loss rather than a fixed share. The court oversees the apportionment so that the recovery reflects who depended on and lost the most from the decedent.

Survival action proceeds follow a different path. Because the survival claim belongs to the estate, that money passes through probate, going to the heirs under Vermont's intestacy rules or under the decedent's will, and it can be reached by valid claims of the decedent's creditors before any distribution to family. How a settlement or verdict is allocated between the wrongful death claim and the survival claim can therefore affect what each family member ultimately receives.

How to evaluate your situation

After losing a family member to someone else's wrongful act, a few steps help protect the family's rights. Preserve key records, including the death certificate and any medical, accident, or police records, along with proof of the deceased person's earnings and the support and services they provided. Because only a personal representative can sue in Vermont, learn early whether an estate needs to be opened, and confirm the two-year deadline, since intentional-act and homicide cases follow different timelines. Most wrongful death attorneys offer a free consultation and work on a contingency basis, meaning no upfront fee and payment only out of any recovery. No attorney can promise a specific outcome. This article is general information, not legal advice, and reading it does not create an attorney-client relationship.