Personal Injury Statistics in Vermont
Understanding personal injury statistics in Vermont helps you benchmark your case value, understand the legal environment, and set realistic expectations for your claim.
For informational purposes only. Not legal advice. Consult a licensed attorney.
$12,000 – $55,000
Average Settlement Range
Varies widely by injury severity and case type
Modified comparative fault (51% bar)
Fault System
Directly affects how damages are calculated
3 years
Statute of Limitations
Time to file from date of injury
At-Fault (Tort)
Auto Insurance System
At-fault driver's insurer liable
Vermont Injury Cases — By the Numbers
4,200 cases/yr
PI Cases Filed Annually
$41,000
Average Settlement
$25,000
Median Settlement
46%
Plaintiff Trial Win Rate
13 mo
Avg. Time to Settle
Slip and Fall
Top Injury Type
9 mo
Civil Court Backlog
33%
Avg. Contingency Fee
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.
Vermont Personal Injury Law Overview
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.