Personal Injury Law in Burlington, VT
Were you hurt due to another’s negligence in Burlington? If so, it may have far-reaching consequences such as a loss of wages or extensive medical treatment. Personal injury law allows an injured person to get damages if the responsible person acted recklessly. A personal injury attorney in Burlington, VT can help navigate the lawsuit to make sure you receive all of the compensation you deserve.
What Is Personal Injury Law?
Personal injury law in Burlington relates to the legal process of getting compensation for an injury caused by someone else’s negligent behavior. These cases involve one party, the plaintiff, trying to seek financial compensation for expenses incurred and money lost as a result of the defendant’s reckless behavior. These cases involve both parties’ insurance companies and may even settle before proceeding to litigation.
Examples of Personal Injury Claims in Burlington, VT
Some personal injury claims are more common than others. However, almost any incident that ends with a physical or mental injury could qualify, depending on the circumstances.
A few of the most common personal injury claims are:
- Car Accidents
- Slip and Fall
- Dog Bites
- Medical Malpractice
- Workplace Accidents
- Burn Injuries
Most Common Injuries in Burlington
According to the Vermont Department of Health, 5% of deaths in Vermont are due to unintentional injury. In Burlington, as well as the state as a whole, the majority of injuries (fatal and non-fatal) are from falls, motor vehicle crashes, or poisoning. 95% of emergency room visits are due to unintentional injury, with the majority of patients being males between the ages of 25 and 44.
Steps in a Personal Injury Lawsuit in Burlington, VT
Once you determine that you wish to proceed forward with a personal injury action in Vermont
A lawsuit begins when a complaint is filed with the court and served on the defendant. The complaint alleges your assertion as the plaintiff that the defendant’s negligent behavior resulted in damage to your body or mental state. As the process proceeds forward, you may have to go through depositions, independent medical evaluations and document production. This discovery process is lengthy and ends in either settlement or a court appearance. Personal injury claims in Burlington are heard in either Chittenden Superior Court or Small Claims Court when seeking damages under $5000. Both of these courts are housed in the Chittenden County Courthouse. Documents will be served on the defendant by the Chittenden County Sheriff’s Department. With most personal injury cases, insurance companies and injured parties prefer settlement negotiations rather than going to court for a trial. You may wonder how much you should seek in your settlement and factors that impact the final amount. The Vermont Department of Health found that falls and motor vehicle accidents are the leading cause of injury-related hospitalizations in Vermont. 38% of people hospitalized for falls are discharged to a skilled care facility such as a nursing home. That number increases to 50% for people over the age of 65. While each individual case is different, average settlement amounts range from $3000 to $75000. If the other party has insurance, the insurance company likely wants to settle out of court to avoid leaving the final settlement decision to a jury. Settlements benefit injured parties as much as they do insurance companies. This is because accepting a settlement means you receive compensation sooner rather than later. Also, by going to court in VT, that means you risk not receiving any compensation at all. If your Vermont personal injury lawsuit goes before a judge or jury, your legal team will be ready with a request for damages. In personal injury cases, there are three types of damage awards a court may order the defendant to pay to compensate you for the damage he or she inflicted. Special compensatory damages reimburse you for things such as lost income, medical bills and insurance deductibles. You submit receipts proving these losses. General compensatory damages are subjective. If you receive special compensatory damages, you may also collect general damages. If your injury was particularly painful, you might request that the judge order the defendant compensate you for the pain and anguish. Punitive damages are the most rare and are up to the court. The judge or jury may determine that the defendant’s negligence was particularly heinous and the resulting injury to you was equally horrific. Vermont does not cap damages unless the claim is against the state. In this case, the total damages, including economic and pain and suffering damages, are limited to $500,000 per person and $2 million per accident. The injured party may have a set amount of time to file suit for a personal injury case. State law establishes statutes of limitation. Commonly, the plaintiff’s injury or discovery of the injury begins the statute of limitations. However, the latter factor is trickier, as the plaintiff will have to prove when the injury was first realized. The statute of limitations in Vermont is 3 years for injury and 2 years for wrongful death. The time is measured from the date the injury occurs. We recommend you speak with a personal injury lawyer for this matter. Don’t wait too long and miss out on receiving the compensation you deserve for your injury. Pursue a personal injury claim in Burlington against the responsible person if you are dealing with an injury caused by someone else. One of our experienced lawyers can help you navigate your personal injury claim. We can even help you connect with an attorney across Vermont state lines. Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!Vermont Personal Injury Settlement
Damage Awards in Vermont
Statute of Limitations in Burlington, VT Personal Injury Law?
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