When you’re injured due to someone else’s negligence in Vermont, understanding how to file a personal injury claim can make a significant difference in your recovery—both physically and financially. Whether you were involved in a car accident, slip and fall, medical malpractice, or another injury-causing incident, navigating Vermont’s legal process can feel overwhelming.
At Strickland & Kendall, we have helped countless clients secure fair compensation for their injuries. This step-by-step guide walks you through everything you need to know about filing a personal injury claim in Vermont, from gathering evidence to negotiating a settlement.
Step 1: Seek Medical Attention Immediately
Your health is the top priority after an accident. Even if you don’t feel immediate pain, some injuries—like concussions, whiplash, or internal bleeding—can take hours or even days to show symptoms. Seeking medical attention right away ensures that:
- Your injuries are properly diagnosed and treated.
- Medical records document the extent of your injuries, which can be crucial evidence in your case.
- The insurance company cannot argue that your injuries were unrelated to the accident.
What to Do at the Doctor’s Office
When visiting a doctor or emergency room, be thorough about your symptoms. Request copies of all medical reports, prescriptions, and invoices. Follow all medical recommendations, including follow-ups and therapy, as gaps in treatment could hurt your claim.
If you delay treatment, insurance companies may argue that your injuries weren’t serious or that they were caused by something other than the accident. The sooner you receive care, the stronger your claim.
Step 2: Gather Evidence to Support Your Claim
To successfully file a personal injury claim in Vermont, you need evidence proving that someone else’s negligence caused your injury. The more documentation you have, the stronger your case will be.
Essential Evidence to Collect
- Accident Reports: If law enforcement responded, request a police report (especially for car accidents). For workplace injuries, obtain an incident report from your employer.
- Photos & Videos: Take clear pictures of the accident scene, your injuries, property damage, weather conditions, and any hazardous conditions. If possible, capture traffic signs, surveillance footage, or skid marks in vehicle-related accidents.
- Witness Statements: Eyewitnesses can provide valuable testimony about what happened. Get their names and contact information in case their statements are needed later.
- Medical Records: Detailed medical records—including emergency room visits, X-rays, treatment plans, and physical therapy notes—help establish the severity of your injuries.
- Lost Wage Documentation: If your injury caused you to miss work, keep pay stubs and a letter from your employer confirming your lost income.
- Communication with Insurance Companies: Keep copies of emails, texts, or letters from insurance adjusters, as well as records of any conversations you’ve had regarding your claim.
Why Evidence Matters in Vermont Personal Injury Cases
Vermont follows a modified comparative negligence rule, meaning that your compensation may be reduced if you are found partially at fault for the accident. If you are more than 50% at fault, you cannot recover damages. Solid evidence is key to proving liability and maximizing your compensation.
Step 3: Understand Vermont’s Personal Injury Laws
Vermont has specific laws governing personal injury claims. Knowing these laws will help you understand your rights, what to expect, and how to protect your claim.
Statute of Limitations in Vermont
The statute of limitations sets a deadline for filing a personal injury lawsuit. In Vermont, you have:
- Three years from the date of the injury to file a personal injury claim.
- Two years to file a wrongful death claim on behalf of a deceased loved one.
- Exceptions may apply if the victim was a minor at the time of the accident or if the injury was not immediately discoverable.
What happens if you miss the deadline?
If you file after the statute of limitations expires, your case may be dismissed, and you will likely lose your right to seek compensation. This is why it’s crucial to act quickly and consult an attorney as soon as possible.
Vermont’s Modified Comparative Negligence Rule
Vermont follows a modified comparative negligence system, which means:
- You can still recover damages if you were partially at fault, but your compensation will be reduced by your percentage of fault.
- If you are 51% or more at fault, you cannot recover any damages.
Example:
If you were in a car accident and awarded $100,000 in damages, but found to be 25% at fault, you would only receive $75,000 after the reduction. However, if you were 51% at fault, you would receive nothing.
Because insurance companies may try to argue that you were partially at fault to reduce their payout, having strong evidence (see Step 2) is critical to proving liability.
Step 4: Notify the Insurance Companies
Once you have gathered evidence, the next step is to notify the insurance company about your injury. This applies whether you’re dealing with your own insurance provider (in cases like uninsured motorist claims) or the at-fault party’s insurance.
How to Report an Injury Claim
- Call the insurance company promptly – Most policies require timely notification of an accident or injury.
- Stick to the facts – When speaking with an adjuster, provide only the basic details:
- Date, time, and location of the accident.
- Parties involved.
- Your injuries (without going into too much detail).
- Avoid admitting fault – Even saying something as simple as “I didn’t see the other car” could be used against you.
- Do not accept a quick settlement offer – Insurance companies may offer lowball settlements early on, hoping you’ll accept before realizing the full extent of your injuries.
What If the Insurance Company Denies Your Claim?
If the insurance company delays, denies, or undervalues your claim, you may need to:
- Provide additional medical records or expert testimony.
- Negotiate with the adjuster or appeal the decision.
- Contact a personal injury attorney to take legal action if necessary.
Step 5: Consult a Vermont Personal Injury Attorney
While minor injury cases may be settled directly with the insurance company, more serious injuries—especially those requiring long-term care or resulting in lost wages—often require legal representation to ensure you receive fair compensation.
How an Attorney Can Help Your Claim
A personal injury attorney can:
- Handle all communication with the insurance companies to prevent lowball offers.
- Investigate the accident and gather additional evidence to strengthen your case.
- Negotiate a fair settlement that covers medical expenses, lost wages, and pain and suffering.
- File a lawsuit if negotiations fail and represent you in court.
How Much Does It Cost to Hire a Lawyer?
At Strickland & Kendall, we work on a contingency fee basis, which means:
- You pay nothing upfront.
- We only get paid if we win your case.
- Our fee comes from the settlement or verdict, not your pocket.
Take Action Today: Get a Free Consultation
Filing a personal injury claim in Vermont doesn’t have to be overwhelming. If you or a loved one has been injured due to someone else’s negligence, our experienced attorneys at Strickland & Kendall are here to help.
📞 Call us 24/7 at 800-874-3528
📩 Schedule a Free Consultation – No fees unless we win!
Don’t wait—protect your rights and get the compensation you deserve.