Who Can File a Wrongful Death Claim in Vermont
Vermont has one plaintiff, the personal representative, and a court that divides the award.
The cause of action
14 V.S.A. 1491 makes a person or corporation liable for a death caused by a wrongful act, neglect or default that would have entitled the injured person to sue had death not ensued, even if the death amounts to a felony.
Who sues
The action is brought in the name of the personal representative of the deceased person.
Who benefits
The amount recovered is for the spouse and next of kin and is distributed in proportion to the pecuniary injuries each suffered, after notice to interested persons and a hearing in Superior Court.
Special rules
A spouse with no surviving children takes the whole. A parent who abandoned or neglected the child during infancy, or a spouse who abandoned or persistently failed to support the decedent, can be denied a share.
A pending injury claim
If the injured person dies while a bodily injury action is pending, the action survives and may be prosecuted by the executor or administrator.
A local personal injury attorney can review your claim — many offer a free consultation.
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.