The trial lawyers at Maley and Maley in Burlington, Vermont, have extensive experience handling wrongful death claims. John and Chris have successfully resolved personal injury and wrongful death claims against:
- Operators and owners of tractor-trailer trucks and automobiles
- Automobile manufacturers
- Manufacturers of dangerous products
- Other negligent individuals and corporations.
Maley and Maley’s trial lawyers have also handled cases involving deaths caused by:
- Drunk driving
- Medical malpractice.
John and Chris have achieved noteworthy success with wrongful death claims. If your family member has died due to what you believe was wrongful or negligent conduct, please contact John or Chris by email or call collect at (802) 489-5258 for a free initial consultation and case evaluation.
Vermont Law Pertaining To Wrongful Death
Wrongful death actions are lawsuits brought on behalf of a deceased person’s next of kin for deaths caused by the negligent, reckless or intentional conduct of another. Vermont's wrongful death statute provides that the personal representative of the estate may be awarded for the benefit of the spouse and other specified relatives damages for "pecuniary injuries." 14 V.S.A. § 1492(b). Under Vermont law, "pecuniary injuries" are not limited to purely economic losses and may include recovery for loss of companionship, as well as a compensation for lost intellectual, moral and physical training, or the loss of care, nurture and protection. Clymer v. Webster, 156 Vt. 614, 629-630 (1991); Mobbs v. Central Vermont Ry, 150 Vt. 311, 316 (1988). In the case where an individual who died is a minor child special rules apply. In a wrongful death suit, the representative of the deceased may also bring a claim on behalf of the estate of the deceased for conscious pain and suffering sustained as a result of the defendant’s conduct. 14 V.S.A. §§ 1451, 1453 and 1492.
Cases for wrongful death in Vermont must be brought within two years from the discovery of the death, subject to specific exceptions. 14 V.S.A. § 1492. Generally, if a plaintiff fails to file a lawsuit within that time period, then the right to bring a claim is barred and no recovery may be had. Therefore, speaking with a Vermont wrongful death attorney as soon as possible is recommended if you believe you may have a right to compensation.