Key Takeaways:
- Vermont law requires a wrongful death lawsuit to be brought in the name of the deceased “person’s personal representative.”
- The spouse and next of kin may benefit from compensation awarded through the claim, even though they generally do not file the lawsuit directly.
- The general wrongful death time limit in Vermont is two years from discovery of the death, although statutory exceptions can apply.
When someone dies because of another person’s wrongful act or neglect, Vermont law may permit a wrongful death action. However, surviving family members typically do not bring the lawsuit directly. Instead, Vermont requires the deceased person’s personal representative to file the action, with qualifying compensation ultimately benefiting the spouse and next of kin.
Who Has the Legal Right to File in Vermont?
Under state law, a Vermont wrongful death action must be brought in the name of the deceased person’s personal representative, which means that spouses, children, parents, or other relatives do not inherently have the authority to initiate a wrongful death lawsuit in their individual name. Instead, the “personal representative of the estate” must bring this lawsuit.
(These family relationships are still important, however: Vermont law directs wrongful death proceeds to the spouse and next of kin, as applicable.)
What Is a Personal Representative of the Estate?
A wrongful death personal representative generally refers to “the person legally authorized to administer the deceased individual’s estate, such as an executor or administrator.” Vermont statutes define a personal representative in several estate contexts as an executor, administrator, successor personal representative, or special administrator.
If a will does not name an executor, or if the person died without a will, Vermont law allows the Probate Division to appoint an administrator. The surviving spouse or next of kin may receive priority for appointment, subject to statutory requirements and the court’s determination.
The personal representative therefore serves an important procedural role: they bring the wrongful death case while acting for those legally entitled to benefit from the recovery.
What Damages Can Surviving Family Members Recover?
Wrongful death damages in Vermont focus on the pecuniary injuries resulting from the death to the spouse and next of kin. Vermont law allows the court or jury to award damages considered just based on those losses.
When the person who died was a minor child, the statute specifically states that pecuniary injuries also include loss of the child’s love and companionship and destruction of the parent-child relationship.
After a settlement or judgment, the personal representative distributes the recovery among eligible family members in proportion to their pecuniary injuries; the Superior Court determines those proportions after notice and a hearing when required.
When Must a Wrongful Death Claim Be Filed?
The general wrongful death time limit in Vermont is two years from discovery of the person’s death. Missing this filing period can disqualify a claim completely. However, there are exceptions. For example, Vermont law provides a longer period in certain cases involving circumstances in which probable cause exists to charge someone with homicide. Rules concerning an absent or out-of-state defendant can also affect the calculation of time.
Frequently Asked Questions (FAQs):
Can a surviving spouse file a Vermont wrongful death lawsuit directly?
Generally, the action must be filed in the name of the deceased person’s personal representative. A surviving spouse may benefit from the recovery and may also qualify for appointment as an administrator in appropriate circumstances.
Who receives money from a Vermont wrongful death claim?
The statute provides that wrongful death recovery benefits the spouse and next of kin, as applicable, with distribution based on the pecuniary injuries each suffered.
How long do families have to file?
The general filing period is two years from discovery of the death, but statutory exceptions may change the deadline in particular cases.
What happens if there is no executor named in a will?
The Probate Division may appoint an administrator. Vermont law gives the surviving spouse or next of kin potential priority for that appointment when statutory conditions are met.
Need to File a Wrongful Death Claim in Vermont? Our Compassionate Vermont Wrongful Death Lawyers at Kramer Law, P.C. Can Offer Support and Legal Guidance
If you need to file a wrongful death lawsuit in Vermont, our compassionate Vermont wrongful death lawyers at Kramer Law, P.C. are here for you. To schedule an initial consultation, call today at 802-257-2221 or contact us online. Located in Brattleboro, Vermont, we proudly serve clients in the surrounding areas.
