Vermont · Personal Injury Statute of Limitations

How long do you have to file a personal injury lawsuit in Vermont?

Vermont gives you 3 years from the date of injury to file a personal injury lawsuit under 12 V.S.A. § 512.

Updated 2026-05-22 · See all 50 states

Key facts: Vermont

Personal injury deadline
3 years
12 V.S.A. § 512
Wrongful death deadline
2 years
14 V.S.A. § 1492
When the clock starts
Generally the date of injury for personal injury claims; the date of death for wrongful death. Vermont follows the discovery rule for most negligence claims, which delays accrual when the injury was not, or could not reasonably have been, discovered at the time.
Last verified
2026-05-22
Source type
Primary (state code or court opinion)

Details and exceptions for Vermont

Three years for PI from discovery of injury, and two years for wrongful death from discovery of death. Vermont expressly uses the discovery rule by statute. Tort claims against the state have separate procedural requirements under 12 V.S.A. § 5602.

Related: Vermont comparative negligence rule

Vermont follows a modified 51% bar rule. Modified comparative negligence with a 51% bar; recovery is permitted when the plaintiff’s negligence is "not greater than" the causal total negligence of defendants.

Read the full Vermont comparative negligence rule →

This page is informational and does not constitute legal advice. Notice deadlines for claims against governmental units, medical malpractice, intentional torts, and other special categories run on separate tracks and can be much shorter. Confirm the controlling rule with a licensed Vermont attorney before relying on it.

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Vermont Statute of Limitations FAQ

How long do I have to file a personal injury lawsuit in Vermont?

In Vermont, the general personal injury statute of limitations is 3 years from the date of injury under 12 V.S.A. § 512. Three years for PI from discovery of injury, and two years for wrongful death from discovery of death. Vermont expressly uses the discovery rule by statute. Tort claims against the state have separate procedural requirements under 12 V.S.A. § 5602.

Does Vermont have a separate deadline for wrongful death?

Yes. Vermont's wrongful death statute of limitations is 2 years under 14 V.S.A. § 1492. The clock typically begins on the date of death rather than the date of the underlying injury.

What happens if I miss the Vermont personal injury deadline?

The court will almost certainly dismiss the lawsuit on a motion by the defendant, regardless of the strength of the underlying claim. Some exceptions can pause or extend the deadline, including the discovery rule, tolling for minors, and tolling while a defendant is out of state, but none are automatic. Talk to a Vermont personal injury attorney before assuming a claim is barred.

What is Vermont's comparative negligence rule?

Vermont follows a modified 51% bar rule under 12 V.S.A. § 1036. Modified comparative negligence with a 51% bar; recovery is permitted when the plaintiff’s negligence is "not greater than" the causal total negligence of defendants.

Where can I read the actual statute?

The controlling statute is 12 V.S.A. § 512. The full text is available on the official Vermont legislature website at https://legislature.vermont.gov/statutes/section/12/023/00512.

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