Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney about your specific situation.
Detailed Answer
Under Vermont law, a wrongful death action must be brought by the personal representative of the decedent’s estate. Title 14 V.S.A. § 1491 grants the cause of action, but it vests solely in the estate’s representative. If no representative exists at the time you decide to pursue a claim, you must open a probate estate and obtain letters of appointment before filing suit.
To open an estate in Vermont, you file a petition with the Probate Division of the Superior Court in the county where the decedent lived. See 14 V.S.A. § 302 (appointment of personal representative). You must provide the decedent’s death certificate, a list of heirs, and, if available, the will. Once the court issues letters of appointment, the personal representative can initiate a wrongful death lawsuit.
Vermont law sets a two-year deadline to file a wrongful death claim from the date of death. See 14 V.S.A. § 1493. Missing this deadline generally bars any recovery.
In practical terms, if a loved one died in a car accident and you wish to pursue damages for their survivors, you will need to:
- Open a probate estate if no personal representative is in place.
- Obtain letters of appointment from the Probate Division.
- File the wrongful death complaint in Superior Court within two years of the death.
Helpful Hints
- Gather essential documents: death certificate, will (if any), and accident report.
- Contact the Probate Division in the county where the decedent resided.
- File for appointment promptly to avoid delaying the wrongful death claim.
- Track all deadlines, especially the two-year statute of limitations (14 V.S.A. § 1493).
- Keep a detailed record of medical bills, funeral expenses, and evidence related to the accident.
- Consider hiring an attorney experienced in Vermont wrongful death actions to guide you through probate and litigation.