Wrongful Death Damages Are Pecuniary in Vermont

By the FigureMyTax Editorial Team · How we calculate

Vermont limits wrongful death damages by category, not by dollar amount.

The measure

The court or jury may give such damages as are just, with reference to the pecuniary injuries resulting from the death, to the spouse and next of kin.

The child exception

Where the decedent is a minor child, pecuniary injuries also include the loss of love and companionship of the child and the destruction of the parent-child relationship, in an amount that is just under all the circumstances.

No dollar cap

The statute we read contains no dollar limit. A survey of Vermont law says there are no non-economic caps or limits on actual damages.

The decedent's negligence

Comparative negligence applies. The trial court in one case noted that the Supreme Court had not yet held to what extent comparative negligence would bar recovery by a negligent spouse under the wrongful death act.

Several liability

Each defendant pays only its proportion under 12 V.S.A. 1036.

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.