Future Damages in Vermont
In Vermont, you are entitled to recover not just your current losses but also the present value of future medical expenses and lost earning capacity caused by your injuries. These future damages often represent the largest component of a serious injury claim.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Modified comparative fault (51% bar)
Fault System
3 years
Filing Deadline
At-Fault
Auto System
Types of Future Damages in Vermont
Future Medical Expenses
Cost of ongoing treatment, surgeries, physical therapy, medications, home care, and medical equipment you will need because of your injuries.
Lost Future Earning Capacity
The present value of income you will lose if your injury permanently or partially prevents you from working at your pre-accident capacity.
Future Pain & Suffering
Vermont allows recovery of future non-economic damages under modified comparative fault (51% bar) — reduced by your share of fault.
Future Loss of Enjoyment
Compensation for activities, hobbies, and life experiences you will permanently lose due to your injuries.
Vermont Injury Law
Vermont applies modified comparative fault with a 51% bar. The statute of limitations is 3 years. Vermont does not require no-fault PIP insurance. Vermont's ski industry and outdoor recreation sector generate distinctive personal injury claims, including ski accident, snowmobile, and hiking injury cases. Vermont's Act 250 land use law and environmental focus create unique premises liability issues. Vermont has no general cap on compensatory damages. Vermont courts apply pure discovery rule principles for latent injury cases. Medical malpractice claims in Vermont have a 3-year limitation period under 12 V.S.A. § 521. Vermont has no statutory Dram Shop Act, but courts recognize common law vendor liability for over-service of alcohol in some circumstances. Workers' compensation in Vermont is administered by the Department of Labor and provides the exclusive remedy for workplace injuries. Vermont courts are relatively uncrowded compared to urban states, often resulting in faster case resolution.