Wrongful Death Lawyer
Luckily, Vermont law provides a way to hold the at-fault person responsible in a court of law and recover compensation for the losses that you and your family have suffered.
Our team at Champlain Valley Law has years of experience representing families who have wrongful death claims. Below is our breakdown of everything you need to know about filing a wrongful death claim in Vermont.
When a Death is Legally “Wrongful”
In Vermont, wrongful death is defined as:
"When the death of a person is caused by the wrongful act, neglect, or default of a person or corporation, and the act, neglect, or default is such as would have entitled the party injured to maintain an action and recover damages in respect thereof, if death had not ensued…"
In other words, if someone’s death is caused by the wrongful act of another, and the deceased person would have been able to sue if they were still alive, then the person responsible can be held liable in civil court for the death. The conduct of the person or business responsible is held to the same standard as in any other injury case, such as a car crash or slip and fall. The difference is that the injuries result in death.
Essentially, this wrongful death statute provides for the survival of a personal injury lawsuit in Burlington and across Vermont. Since the deceased person cannot file suit on their own behalf, a family member will typically open an estate and be granted the right to file the claim on behalf of the estate.
In order to file a wrongful death claim against someone, you will need evidence that their negligent or wrongful actions led to the death in question. An experienced wrongful death attorney can work with you to prove that this person was responsible for your loved one’s death.
Contact Burlington Wrongful Death Attorney Drew Palcsik
The good news is that you don’t have to go through all of this alone. An experienced wrongful death attorney like Drew Palcsik will be able to help you find a representative for your loved one’s estate, file your lawsuit, and prepare your case. He will collect evidence and answer questions from insurance companies, investigators, and others, leaving you more time to focus on your family during this difficult time.