Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice specific to your situation.
Detailed Answer
Calculating a fair settlement for soft tissue injuries in Vermont hinges on quantifying your economic and non-economic losses, then adjusting for legal factors. Follow these steps:
- Document Economic Damages: Tally your medical expenses, rehabilitation costs and lost wages. Include bills from physical therapy, chiropractic care and diagnostic imaging. Keep detailed records of paid and outstanding invoices.
- Assess Non-Economic Damages: Estimate pain and suffering, emotional distress and loss of enjoyment of life. Vermont courts often use a multiplier (between 1.5 and 3) applied to economic damages for minor soft tissue injuries, increasing with severity.
- Apply the No-Fault Threshold: Vermont’s no-fault law caps personal injury protection (PIP) benefits and limits tort claims to injuries that exceed a serious impairment threshold. See 23 V.S.A. § 1122. If your injury falls below the 6% impairment threshold, you may be confined to PIP benefits only.
- Factor in Comparative Negligence: Vermont follows a pure comparative negligence rule. The court can reduce your settlement by your percentage of fault. See 12 V.S.A. § 1036.
- Consider Statute of Limitations: File your suit within three years of the crash under 12 V.S.A. § 512. Missing this deadline can bar your claim.
- Negotiate or Litigate: Present your demand package—medical records, wage documentation and a calculation spreadsheet—to the insurer. Expect back-and-forth offers. If negotiations stall, consider filing a lawsuit.
Helpful Hints
- Obtain a detailed medical evaluation quantifying any permanent impairment.
- Keep a pain journal describing daily activities affected by your injury.
- Retain receipts for all out-of-pocket expenses, including mileage to medical appointments.
- Ask your doctor for an opinion on how long symptoms may last.
- Consult a personal injury attorney before accepting the insurer’s first offer.