Personal Injury Claims & Lawsuits In Vermont

Common Types of Personal Injury Claims Filed in Vermont

Whether you have sustained broken bones in car accidents or experienced head trauma in a slip and fall incident, you may be entitled to compensation by filing personal injury claims & lawsuits in Vermont.

Motor Vehicle Accident

Vermont has a fault-based system for motor vehicle accidents, which means you have to file with the other party’s insurance to recover losses. You can pursue a lawsuit against the liable party’s assets, too.

In these cases, the plaintiff will have to demonstrate that the defendant displayed negligence or wrongful conduct while operating a motor vehicle. The defendant will likely try to blame the accident on you.

Vermont has comparative negligence laws, so even if you were partly responsible for the accident, you may still be able to receive compensation. About 61% of cases that go to trial for motor vehicle accidents succeed.

General Injury

In a general injury claim, you would file against the liable party’s personal liability, general liability, homeowner’s or auto insurance. You can file a lawsuit directly against the defendant.

The plaintiff must demonstrate that the other party owed them a duty of care that they breached, which resulted in their losses. The defendant might attempt to show that you were the cause of your own injuries. General injury cases that go to trial have an average success rate of 50% throughout the country.

Workers' Compensation

A workers’ compensation claim is filed against your employer’s insurance. You cannot file a lawsuit against them, but you could be entitled to do so against a third party if they were also responsible for your losses.

As the plaintiff, you have to demonstrate that you sustained a work-related illness or injury that prevents you from working. The defendant will try to show that the injury occurred outside of work or that it is not as severe as you claim. There are no available trial success rates for these cases.

Sexual Assault

You can file a personal injury claim against the person who assaulted you by filing against their general or personal liability insurance. You are also entitled to file a lawsuit against their personal assets.

The plaintiffs in sexual assault cases have to establish that they engaged in sexual activity against their will or when they were not able to grant consent. In most of these cases, defendants will try to prove that the assault never occurred or that the sexual activity was consensual. There aren’t trial success rates available.

Dog Bite

You can file a claim against the dog’s owner if they knew the animal was dangerous or if they were negligent. You can file against their homeowners’, general liability or personal liability insurance. It’s possible, too, to file a lawsuit directly against the liable party.

The plaintiff has to demonstrate that the owner knew the dog was dangerous or that the person was negligent in keeping control over it. As a defense, the other party can state that you provoked the animal or that you were trespassing. Dog bite trial success rates tend to be similar to general injury cases.

Slip and Fall

If you slip and fall, you can file a premises liability claim against the other party’s homeowners’ or general liability insurance. You can file a lawsuit against the party’s personal assets, too.

As the plaintiff, you must show that the property owner knew that a hazard existed and did nothing to address it. In response, the defendant can state that you should have seen the hazard or that they were not aware that it existed. The trial success rate is about 50%, like all other personal injury cases.

Medical Malpractice

You can file a claim against the liable party’s professional insurance. You may be able to hold them and their employer liable via lawsuits, too.

The plaintiff needs to show that the harm they suffered could have been prevented by providing standard care. The defendant can state that the care they offered was well within the accepted standard. The trial success rate for these cases is about 19%.

Filing a Personal Injury Claim

When filing personal injury claims & lawsuits in Vermont, you will need to get medical attention and then hire an attorney. Your lawyer will contact the other party’s insurance company and send them a demand letter that states the settlement you’re seeking. The insurer will answer, and negotiations will begin.

You should never negotiate on your own. The majority of cases resolve at this stage, and lawyers know how to protect your interests.

Typical Personal Injury Settlement Amounts in Vermont

The average settlement for car accidents is $30,416, while for sexual assault claims it’s $900,000 to $1,500,000. Workers’ compensation settlements average out to $20,000, and dog bite settlements can be around $97,517.

When You Need to File a Lawsuit

You will need to file a lawsuit if your claim has been denied, fault is disputed or insurers are offering low settlements. Your lawyer will file the lawsuit, which leads to the discovery phase. This allows all parties to exchange information regarding the claim. Only about 15% to 20% of claims become lawsuits, and of those, 5% or less go to court.

Get Matched With a Personal Injury Lawyer in Vermont

Your lawyer will help investigate the incident that led to your injuries and put together a powerful claim. They’ll negotiate aggressively with insurers to help you obtain fair compensation, but if that’s not possible, they can take your case to court.

At ConsumerShield, our team can connect you with dedicated lawyers if you need to file personal injury claims & lawsuits in Vermont. Contact us to get started.