Punitive Damages in Vermont
Punitive damages — also called exemplary damages — go beyond compensating your losses. They punish defendants for especially egregious or reckless conduct. Here is what you need to know about qualifying for and recovering punitive damages in Vermont.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Modified comparative fault (51% bar)
Fault System
3 years
Filing Deadline
$12,000 – $55,000
Avg Comp. Damages
When Are Punitive Damages Available in Vermont?
In Vermont, punitive damages require proof beyond ordinary negligence. Plaintiffs typically must show clear and convincing evidence that the defendant acted with malice, fraud, oppression, or conscious disregard for others' safety. Reckless driving, drunk driving, and intentional misconduct are common qualifying scenarios.
Vermont operates under Modified comparative fault (51% bar). Punitive damage awards are made in addition to compensatory damages and are reduced if you share comparative fault.
Many states cap punitive damages at 2–3× compensatory damages or a fixed dollar limit. Some states require a portion of punitive awards to be paid to a state victim compensation fund. Consult a Vermont attorney for the current statutory limits applicable to your case.
Key Facts About Vermont Injury Law
Vermont applies modified comparative negligence under 12 V.S.A. § 1036 with a 51% bar — plaintiffs who are determined to be 51% or more at fault for the accident cannot recover damages; those with lesser fault have their award proportionally reduced.
Personal injury claims in Vermont must be filed within 3 years from the date of injury under 12 V.S.A. § 512; Vermont courts apply the discovery rule for latent injuries, tolling the statute from the date the injury was or should have been discovered with reasonable diligence.
Vermont does not require no-fault personal injury protection insurance and operates as a traditional at-fault tort state, where the party responsible for an accident bears liability for the injured party's medical expenses, lost wages, and noneconomic damages.