When lawyers refer to “personal injury” cases, they typically mean situations where a client has been injured due to someone else’s negligence. The key factor in these cases is fault—someone else must be responsible for your injury in order for you to have a legal claim for damages. Simply being injured does not automatically mean you have a valid claim. Personal injury cases can arise from a number of different situations, including:

• Motor vehicle accidents

• Slip and falls

• Premises liability

• Medical or professional malpractice

• Dog bites

Negligence means failing to exercise reasonable care under the circumstances. This could include breaking a law, such as running a red light or texting while driving. It might also involve violating a building code, like failing to install a handrail on a staircase. Or it could be a more general failure to pay proper attention. Negligence is a broad term that covers many types of careless conduct, but it does not apply to every situation.

In Vermont, the jury also considers whether the injured person shares fault for the injury. This is called “comparative negligence.” If the injured person is partly responsible, their recovery will be reduced accordingly. If they are more at fault than the defendant, they cannot recover any damages.

If you believe you have been injured because of someone else’s negligence, you should seek legal advice. An experienced Vermont personal injury attorney understands the process and can guide you through it. The lawyers at Jarvis & Modun handle the legal work on your behalf so you can focus on healing. We listen to your story and fight to secure full compensation for your injuries, whether through settlement or trial.

Damages

In a personal injury claim, the plaintiff may recover financial compensation intended to make them “whole” again—subject to any reduction based on their own comparative negligence. This compensation includes tangible losses such as medical expenses, lost wages, and other out-of-pocket costs. It also covers intangible harms like pain and suffering, emotional distress, disfigurement, loss of enjoyment of life, and diminished earning capacity. In some cases, a spouse may also be entitled to compensation for loss of consortium.

In certain situations, additional damages may be available, such as compensation for wrongful death or punitive damages in cases involving especially egregious or reckless conduct.

The Process for a Personal Injury Case

In most personal injury cases, your first interaction is with the at-fault person’s insurance company. If you’re injured in a car crash, for example, you’ll likely deal with the other driver’s auto insurance. In other types of injury cases, the responsible party’s homeowner’s or business liability insurance may be involved. Insurance companies assign adjusters to evaluate and handle claims, and many cases are resolved through settlement negotiations with an adjuster before a lawsuit is ever filed. However, if a fair settlement cannot be reached, the injured person (plaintiff) must file a lawsuit. Depending on the circumstances, the case may proceed in either state or federal court.

Although the procedural rules in federal and state courts differ somewhat, both follow a similar general framework. A lawsuit begins when the plaintiff files a complaint with the court and serves it—along with a summons—on the defendant. The defendant must then respond by admitting or denying the allegations and asserting any legal defenses. The case then enters the "discovery" phase, where both sides exchange information. This can include written questions (interrogatories), requests for documents, requests for admissions, and depositions of witnesses.

Before a case reaches trial, most courts require some form of alternative dispute resolution. In Vermont state court, this usually takes the form of mediation. In federal court, it typically involves Early Neutral Evaluation (ENE). At any point, either party may also ask the court to resolve certain legal issues or even dismiss parts of the case before trial.

If the case is not resolved through settlement or legal motions, it proceeds to trial. In Vermont, either party in a civil case seeking money damages has the right to request a jury trial. However, that right must generally be asserted early in the case—either in the complaint or the answer—or it may be considered waived. In a jury trial, the jury decides all factual issues, including whether the defendant was negligent, whether the plaintiff was comparatively negligent, and the amount of any damages owed.

After trial, either party may appeal if they believe the court made a legal error that affected the outcome. Appeals from Vermont state court go to the Vermont Supreme Court. Appeals from the U.S. District Court for the District of Vermont go to the Second Circuit Court of Appeals in New York. Appeals are limited in scope; appellate courts typically review only whether the trial court made significant legal or procedural errors.

Statute of Limitations

In most cases, the statute of limitations for filing a personal injury claim in Vermont is three years from the date of the injury. However, there are exceptions and special rules that may apply depending on the circumstances of your case. Because the time to bring a claim is limited—and missing the deadline can mean losing your right to recover damages—it is important to contact an attorney as soon as possible if you believe you have been injured due to someone’s negligence.

How Jarvis & Modun Handles Vermont Personal Injury Claims

At Jarvis & Modun, we have extensive experience representing Vermonters in personal injury claims. We understand how overwhelming it can be to suffer a serious injury due to someone else’s negligence. We listen, we care, and we are committed to guiding you through every step of the legal process. Whether your case is resolved through settlement or goes to trial, we will fight to secure full and fair compensation for your injuries. Call us at (802) 540-1030 for a free consultation to see how we can help.