Vermont: Where It Stands Among States With Fee Caps

A reasonableness-only state for fees

Compare Vermont to a state like New York, which applies a hard statutory sliding scale to medical malpractice attorney fees specifically. Vermont has no equivalent figure anywhere in its rules for any type of personal injury claim, including malpractice — the fee simply must be reasonable under Rule 1.5, assessed case by case.

A consistent philosophy, not a coincidence

Vermont is among a small group of states with no statutory cap at all on medical malpractice damages against a private healthcare provider — no limit on economic, noneconomic, or punitive damages. That same uncapped philosophy carries through to attorney fees: nothing in Vermont law artificially constrains either side of a malpractice recovery.

A different question entirely in 2024

Vermont's 2024 change barring fault as a defense in claims relating to a sexual act or sexual conduct addressed whether a claimant's own fault could reduce their recovery — a question about damages allocation among the parties. That change has nothing to do with the Rule 1.5 reasonableness standard governing the attorney's own fee, which remains unaffected regardless of which type of claim is at issue.

A real cap, but only against the state

Vermont's one notable damages cap sits in a different corner of the law entirely: claims against the state itself, where a state employee is at fault, are capped at $500,000 per person and $2 million per accident. This is a sovereign-immunity-style cap distinct from the uncapped approach that applies to claims against private defendants, including private medical providers.

Vermont's fee structure — frequently asked questions

Does Vermont cap attorney fees in medical malpractice cases the way some states do?

No. Unlike states that write a specific percentage ceiling into statute for malpractice fees, Vermont applies only the general Rule 1.5 reasonableness standard, with no fixed cap at all.

Does Vermont's 2024 sexual assault fault law affect attorney fees?

No — Act 90 changed whether fault can reduce a claimant's recovery in certain cases, a question entirely separate from Rule 1.5's reasonableness standard governing what the attorney can charge.

Is Vermont's uncapped approach to personal injury fees typical among states?

It's one of two common approaches nationally. Many states rely on a general reasonableness standard for personal injury contingency fees, while others, particularly for medical malpractice, write a specific percentage ceiling into statute.

Does Vermont cap damages in any type of claim, even without capping fees?

Vermont imposes essentially no damages cap against private defendants, though a separate cap applies to claims against the state itself — $500,000 per person and $2 million per accident when a state employee is at fault.

Does a government damages cap affect the attorney's own fee on that portion of a claim?

No — the state-employee damages cap limits what the client can recover from the government defendant; the attorney's percentage fee is still governed separately by Rule 1.5, applied to whatever is actually recovered.

This page provides general guidance only and is not legal advice. Figures are based on Rule 1.5 of the Vermont Rules of Professional Conduct and 12 V.S.A. § 1036, verified per our methodology. Confirm how current rules apply to a specific claim with a licensed attorney in the relevant state before acting.