What is a Tort Case, and What Does It Involve in Vermont?

In the State of Vermont, a civil violation that causes any injuries, harm, or loss to persons is a tort. Victims of civil wrongs may bring it before a court to ensure that it imposes liability on the party that inflicts the injury. In tort cases, the court also typically awards monetary damages as compensation to the claimant for the injury or loss suffered.

The Superior Court’s Civil Division of the Vermont Judiciary handles tort case hearings. All fourteen counties in the state have a Superior Court where aggrieved parties may file a tort case.

Vermont public records, including some related to the state’s tort cases, may be accessed via third-party websites. These sites expedite the record retrieval process by aggregating records generated across several jurisdictions and allowing users to perform multi-record searches. To use a third-party site, the inquirer may be required to provide the following information:

• The name of the record subject, unless said person is a juvenile
• The location or assumed location of the record or person involved, including information such as the city, county, or state that person resides in or was accused in.

Third-party sites are operated independently of government sources and are not sponsored by these agencies. Thus, certain records' availability, accuracy, and validity may not be guaranteed.

What is Vermont Tort Law?

The State of Vermont tort law provides the guidelines for claims that arise in the civil court. The general concept of this body of laws determines if an individual or business is liable for wrongful acts that inflicted harm on the claimant. It also has the intent to compensate affected persons for the injuries or loss suffered.

Typically, Vermont tort law is contained in Title 12: Civil Procedure of the state statutes.

Following the statute of limitation rule, aggrieved parties who suffer injury from a tort incident may bring the case before the civil court within three years of the incident. If the three-year window elapses, aggrieved parties may become ineligible to seek compensation in court.

In personal injury cases, the civil court may reduce or remove the amount of damages if the claimant has a degree of fault in the incident. Known as the comparative fault law, the court may reduce compensation if the claimant carries less than half of the blame. However, the court does not award any damages if the claimant is responsible for a large portion of the fault that resulted in the injurious incident.

Interested persons may also file tort claims against a Vermont government entity. Claims against the state typically require the claimant to follow a different set of procedures, following 12 V. S. A. Section 5601.

What Kinds of Cases are Covered by Tort Law in Vermont?

Vermont tort law typically covers the following kinds of cases:

• Injuries arising from car accidents
• Defamation
• Violation of civil rights
• Deliberate infliction of emotional distress
• Product liability
• Wrongful death
• Premises liability

What are the Differences Between Criminal Law and Tort Law in Vermont?

Criminal law in Vermont describes crimes and the punishment(s) they warrant, while tort law centers on tort incidents and the claimants’ compensation. Title 13: Crimes and Criminal Procedure of the state laws covers the scope of criminal law in the state, while tort law is contained in Title 12: Civil Procedure

The criminal division of the Superior Court uses criminal law to handle offenses brought before it, but the civil division hears tort cases.

Crimes generally attract more severe punishments than torts. While the criminal court can sentence offenders to a prison term, such penalties are not applicable to civil cases in tort law.

In criminal litigation, the government takes up the case and are the prosecutors of the proceedings. Tort cases typically involve disputes between a claimant and a defendant.

What is the Purpose of Tort Law in Vermont?

When tort cases are brought before the court in Vermont, the foremost general intent is to ensure that the party that suffered injury or loss due to the incident gets fair compensation. Tort law mainly provides a procedure which the court awards such persons a particular amount of damages and holds the defendant liable for their civil wrong.

What is a Tort Claim in Vermont?

Tort claim in Vermont generally refers to the official process of filing a claim in court with the intent of removing damages as compensation for injuries or losses suffered. Persons may bring a tort claim against an individual or business. If an employee of the state commits a civil wrong, affected individuals may file a tort claim against the government. However, the process of plaintiffs filing a tort claim against an individual/business and the government is different.

How Do You File a Tort Claim in Vermont?

Persons who wish to file a tort claim in Vermont against an individual or a business may do so with the civil division of the Superior Court located in their county of residence or the defendant. Claimants may use the state judiciary online court locator tool to find the court in their county area. The office of the Clerk of Court provides a Notice of Claim form and other necessary forms. Upon filling them, the claimant may file the forms with the clerk and pay the filing charges. Low-income earners may file an Application to Waive Filing Fees and Service Costs if they cannot afford the filing fees. Upon filing, the court sends the claimant a signed copy of the court papers that should be mailed to the defendant. If they wish, the defendants may file an Answer within a month. The court may set a hearing date and send a notice to both parties.

To file a tort claim against the government, claimants are to complete the Auto Liability Claim Form (for claims on vehicle injuries) or the General Liability Claim Form (for other non-auto claims) and file it with the Office of Risk Management (ORM). Claimants may also submit the forms to the mail sov.riskhelp@vermont.gov or via a phone call to the agency at (802) 828–2899.

What Does a Tort Claim Contain in Vermont?

A tort claim in Vermont typically contains the following details:

• The personal information of the claimant
• State employee’s information, if any is involved
• Details of the tort incident
• Contact information of available witnesses
• Amount of claim sought to recover

What Happens after a Tort Claim is Filed in Vermont?

Upon filing a tort claim at the Superior Court in Vermont, a court hearing occurs and the parties may either work out a settlement or the case goes to trial. The court typically awards damages to the claimant if they win the case.

Individuals who file a tort claim against the government may be contacted by a liability adjuster who may require some information and investigate the incident. The ORM usually sends a letter to express claims they deny. The claimants have the opportunity to appeal the decision. The maximum liability of the government for an individual is $500,000, while the maximum of a claim involving multiple plaintiffs is $2,000,000.

Why Do I Need a Personal Injury Lawyer for a Tort Claim?

Individuals who file a tort claim may hire a personal injury lawyer to represent them in the case proceedings. However, state laws also allow self-representation in a tort claim. Personal injury lawyers usually have expertise in tort claims and may assist their clients in correctly filing a claim and gathering the necessary evidence for court hearings.

How Can I Find a Personal Injury Lawyer Near Me?

The Vermont Judiciary Finding Legal Help page generally provides resources that interested persons may connect with personal injury lawyers located in their area. Low-income earners and senior citizens may refer to the Vermont legal help and legal services site. The Vermont Bar Association Lawyer Referral Service also allows litigants to find personal injury lawyers practicing in their county or city.