Why There Is No Cap on Pain & Suffering Damages in Vermont

By the FigureMyTax Editorial Team · How we calculate

We found no statutory cap on economic or noneconomic damages in Vermont.

What the statutes say

The comparative negligence statute, 12 V.S.A. 1036, and the limitation statutes, 12 V.S.A. 512 and 521, contain no dollar ceiling on damages, and neither does the wrongful death act.

Outside sources agree

A subrogation survey lists non-economic caps and limits on actual damages in Vermont as "No", and a malpractice resource says Vermont does not impose a statutory cap on economic or noneconomic damages in medical malpractice cases.

A conflicting claim

One low-quality guide asserts a $500,000 noneconomic cap in malpractice cases. We found no statute supporting it and several sources contradicting it, so confirm before relying on either.

Punitive damages

Punitive damages are available in Vermont, according to the survey above. We did not verify the standard or any limit.

What does limit recovery

Your own negligence reduces the award, a plaintiff above 50% is barred, and each defendant pays only its own proportion.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Vermont's rules apply to your specific case with a licensed Vermont attorney.