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Filing a wrongful death lawsuit in Rutland: Things to know

Accidents are not uncommon in Rutland. Losing someone you love in an accident could be one of the most traumatic experiences of your life. Vermont state laws allow the deceased person’s estate to file a wrongful death lawsuit. Of course, winning such lawsuits could be a long battle. It is unquestionably important to seek the advice and expertise of a Rutland VT wrongful death attorney in such circumstances. In this post, we are discussing some of the key aspects related to such lawsuits in Vermont. 

Understanding wrongful death lawsuits 

When can one pursue a wrongful death lawsuit? If the deceased’s death resulted from someone’s neglect, intent, or wrongful act, it is possible to file a lawsuit in court. For instance, if someone was killed in a car accident because of the other driver’s negligence, their estate can file a wrongful death lawsuit. Other examples include medical malpractice, nursing home abuse-related death, and intentional acts. It is important to understand that a wrongful death lawsuit is different from a criminal homicide case. In the latter case, the conviction may mean fines, penalties, and jail time for the convict, and these fines are paid to the court. In case of a wrongful death lawsuit, the guilty is liable to the deceased party’s estate. 

Who can file a wrongful death lawsuit in VT?

Unlike in other states, only the deceased’s personal representative can file a wrongful death lawsuit. This person is also called the executor. If the deceased had a will or an estate plan, they must have mentioned this in the documents. In the absence of an estate plan, or when no personal representative doesn’t want to take the step ahead, the court will determine the party/person (if at all) can file the wrongful death lawsuit.  

Get an attorney

There is limited time to file a wrongful death lawsuit after someone’s death in an accident. The statute of limitations in Vermont allows just two years to file a lawsuit. If you lose a loved one in an accident, talking to an attorney in Rutland can give you some perspective. You can find more about how you can deal with the aftermath of the accident and recover a fair settlement, provided you are in charge or allowed to file the wrongful death lawsuit. 

Ask the attorney about their experience with wrongful death claims in Vermont, and don’t shy away from discussing the merits and other aspects of the case.

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