Wrongful Death Deadline vs. Personal Injury Statute of Limitations

By the FigureMyTax Editorial Team · How we calculate

A Vermont family has two years, and the clock starts at discovery of the death.

Two years from discovery

The action must be commenced within two years from the discovery of the death of the person. If the defendant is out of the State, it may be commenced within two years after the defendant comes into the State.

Homicide cases

If probable cause is found to charge a person with homicide, the action must be commenced within seven years after the discovery of the death, or not more than two years after the criminal judgment becomes final, whichever is later.

Compared with an injury claim

Injuries to the person have three years, accruing on discovery of the injury.

Malpractice deaths

A malpractice death needs a certificate of merit filed with the complaint, and the malpractice limitation rule is in 12 V.S.A. 521; ask an attorney which period controls.

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.