Vermont: Economic vs. Non-Economic Damages, Explained

The real case and statutory language behind Vermont's 2024 decision to take fault off the table entirely for sexual assault claims.

Economic damages: the documented, countable losses

Economic damages are the straightforward, receipt-backed part of a claim. In a Vermont personal injury case, this generally includes medical expenses already incurred, lost wages from time away from work, property damage, and reasonably anticipated future medical care or lost earning capacity tied directly to the injury.

Non-economic damages: the subjective losses

Non-economic damages cover the losses that don't come with a receipt: pain, suffering, and similar nonpecuniary harm. These are inherently harder to quantify, which is exactly why the multiplier method exists — to translate a documented economic figure into a reasoned estimate of the non-economic side.

The exact statutory language behind the 2024 change

Act 90 added a new subsection (b) to 12 V.S.A. § 1036: "Contributory and comparative negligence shall be prohibited as a defense to limit a plaintiff's recovery for damages in an action for a negligence claim relating to a sexual act... or sexual conduct." Both terms are defined by cross-reference to Vermont's criminal code, giving the civil carve-out a precise, already-established legal boundary.

A real case behind the law

Lawmakers pointed specifically to a case involving the Milton football team from more than a decade earlier, in which a sexual assault victim was found partially negligent for the assault — reducing what they could recover in the civil case that followed. Governor Phil Scott signed Act 90 describing it as closing that "victim-blaming loophole."

No damages cap in either category

Outside the fault question, Vermont imposes no statutory cap on either economic or noneconomic damages in a medical malpractice case against a private provider — nor on punitive damages. Both categories are recoverable in whatever amount the evidence and the jury support.

Economic vs. non-economic damages — frequently asked questions

What are economic damages in a Vermont personal injury claim?

Economic damages are your documented, out-of-pocket financial losses — medical expenses, lost wages, property damage, and future medical care or lost earning capacity tied to the injury.

What are non-economic damages in a Vermont personal injury claim?

Non-economic damages are nonpecuniary harm — pain, suffering, and similar losses that don't come with a dollar receipt.

What exactly did Vermont's 2024 Act 90 change in the comparative negligence statute?

It added a new subsection to 12 V.S.A. Section 1036 stating that contributory and comparative negligence are prohibited as a defense to limit recovery in a negligence claim relating to a sexual act or sexual conduct, as those terms are separately defined in Vermont's criminal code.

Did a real case prompt Vermont's 2024 fault-defense change?

Yes — lawmakers pointed to a case involving the Milton football team from more than a decade earlier, in which a sexual assault victim was found partially negligent, reducing their civil recovery.

Does Vermont's lack of a malpractice cap apply to both economic and noneconomic damages?

Yes — Vermont imposes no cap on either category, nor on punitive damages, in a medical malpractice case against a private provider.

This page provides general guidance only and is not legal advice. Figures are based on 12 V.S.A. § 1036 and 2024 Vt. Acts No. 90, verified per our methodology. Confirm what counts toward a specific claim with a licensed Vermont attorney before acting.