Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a licensed attorney to discuss your specific situation.
Detailed Answer
In Vermont, you generally have three years from the date of an injury to file a personal injury lawsuit. This deadline is set by Vermont’s statute of limitations at 12 V.S.A. § 512(4), which states that actions to recover damages for injuries to a person “shall be commenced within three years.”
12 V.S.A. § 512(4)
The “date of accrual” usually is the day the accident occurred or the injury became apparent. If you miss this three-year window, a court almost certainly will dismiss your case, even if the underlying facts are strong.
Key Exceptions and Tolling Rules
- Minors: If the injured person is under 18, the three-year clock doesn’t start until their 18th birthday.
- Mentally Incompetent Parties: If a court has declared a person legally incompetent, the limitations period pauses until they regain competence.
- Discovery Rule: In rare cases—such as latent injuries—you may have additional time if you could not reasonably discover the harm before the three-year deadline.
Helpful Hints
- Mark the date of your accident immediately and set reminders well before the deadline.
- Discuss your case with an attorney as early as possible to identify any exceptions that may extend your deadline.
- Keep organized records of medical reports, accident photos, and any correspondence related to your injury.
- If you’re unsure when the clock started, request a case evaluation from a Vermont personal injury attorney.
- Act promptly—waiting until the last minute risks evidence loss and missed deadlines.