Burlington Wrongful Death Lawyer​

Losing a family member because someone else was careless, reckless, or indifferent to human safety leaves a wound no verdict can close. In the days that follow, families in Burlington are left to face funeral arrangements, lost financial support, and an insurance company already looking for ways to minimize what the loss is worth.

Promoting Justice Personal Injury & Car Accident Lawyers stands beside grieving Vermonters. Our attorneys bring extensive experience in how insurance companies value a life, how corporate defendants delay and deflect, and how a Chittenden County jury responds when the truth is presented plainly and completely, and we use every bit of that knowledge on behalf of the families who walk through our door.

Contact us today for a free case evaluation and discover how our wrongful death attorneys in Burlington can help you seek the compensation and justice you deserve.

What Is a Wrongful Death Claim in Vermont?

A wrongful death claim is a civil lawsuit filed when someone’s death is caused by another party’s negligence, recklessness, or intentional misconduct. Vermont law, specifically 14 V.S.A. § 1492, gives surviving family members the right to seek financial compensation from whoever is responsible.

This claim is completely separate from any criminal case that may arise from the same event. While a criminal case punishes the wrongdoer, a civil wrongful death lawsuit exists to compensate your family for a loss that can never fully be undone.

Who Can File a Wrongful Death Claim in Vermont?

Only the personal representative of the deceased’s estate may file the lawsuit in Vermont. A personal representative is an individual formally appointed by a probate court to manage the deceased’s final legal affairs. Although this person files the legal action, the compensation recovered belongs directly to the surviving family, not the estate itself.

Vermont law identifies the following people as eligible to receive wrongful death proceeds:

• Surviving spouse
• Children of the deceased
• Parents of a deceased minor child
• Other next of kin as specified by statute

We manage the probate court appointment process so you can stay focused on your family, not on paperwork.

What Damages Can a Burlington Family Recover?

Vermont describes compensable losses as pecuniary injuries, but do not let that phrase mislead you. In landmark decisions like Clymer v. Webster and Mobbs v. Central Vermont Ry, Vermont courts interpreted the term broadly to cover the full human cost of what was taken from you, far beyond simple economic losses.

Your family may be entitled to recover for:

• Lost earnings: The income your loved one would have earned over their lifetime
• Loss of companionship: The love, comfort, and presence now absent from your home
• Loss of guidance and nurture: The intellectual, moral, and physical training your loved one would have provided, especially critical for minor children
• Conscious pain and suffering: Through a separate “survival action” under 14 V.S.A. §§ 1451 and 1453, the estate may recover for any pain your loved one experienced before death
• Funeral and burial costs: All reasonable expenses tied to final arrangements
• Pre-death medical bills: Treatment costs for the injuries that ultimately caused the death

Ask us what your family’s claim may be worth; our consultations are free and completely confidential.

Insurers handling wrongful death claims in Chittenden County often base their initial offers primarily on funeral expenses and a limited calculation of lost income, while overlooking the loss of guidance and companionship that Vermont courts recognize as compensable.

What we see across the Burlington families we have represented is that a full accounting of a parent’s lost daily involvement in a child’s life, not just their paycheck, is often what moves a case from an inadequate offer to one that actually reflects the loss. In our experience, that broader documentation has to start in the first few weeks, while the people who knew your loved one best can still speak to specifics rather than generalities.

What Is the Filing Deadline for Vermont Wrongful Death Claims?

Vermont law gives surviving families two years from the date of discovery of the death to file a wrongful death lawsuit. Miss that deadline and your claim is barred permanently, courts rarely grant exceptions, regardless of how clear the liability may be.

Evidence also disappears fast. Surveillance footage is overwritten, accident scenes change, and witness memories fade. Every day you wait is a day we cannot spend building your case, reach out to us as soon as you are ready.

Do You Have a Wrongful Death Case in Burlington?

To prevail, we must establish four things: the at-fault party owed your loved one a duty of care, they breached that duty, the breach directly caused the death, and your family suffered real damages as a result. These elements arise from a wide variety of tragic circumstances in and around Burlington.

We handle deaths caused by:

• Car and truck collisions on I-89 and US-7
• Medical negligence at UVM Medical Center or other Vermont facilities
• Boating fatalities on Lake Champlain
• Slip and fall accidents on unsafe or poorly maintained properties
• Drunk driving crashes
• Defective products or workplace equipment failures

Tell us what happened; there is no cost and no obligation.

What We Do in the First 30 Days

From the moment you retain our firm, we move fast. Your family should be focused on one another, not on managing insurance calls, tracking down records, or figuring out probate court.

Step 1: Secure Evidence

We immediately preserve accident scene photos, vehicle data, electronic records, and surveillance footage before it is lost or deleted.

Step 2: Open the Estate

We file with the Vermont probate court to have a personal representative formally appointed, a legal requirement before any wrongful death lawsuit can be filed.

Step 3: Shut Down Insurer Contact

Every insurance company involved receives written notice of our representation. We take over all communication so your family is protected from adjusters trained to minimize what they pay.

Step 4: Build the Expert Team

We engage accident reconstructionists, economists, and medical specialists early, their analysis shapes both our liability theory and our damages calculation.

Step 5: File Suit When Necessary

When insurers refuse to offer fair value, we file in Chittenden County Superior Court and prepare to try the case to a jury.

How Vermont Law Shapes Your Claim

Vermont has specific rules that directly affect how we build your case and what your family may ultimately recover. Understanding them is part of what separates a settlement that reflects your real loss from one that falls short.

Vermont’s Comparative Fault Rule

Vermont follows a modified comparative negligence standard. Your family may still recover damages even if your loved one bore some responsibility for what happened, provided their share of fault was 50% or less, with damages reduced proportionally.

Dram Shop and Social Host Liability

If alcohol contributed to the death, we investigate whether a bar, restaurant, or social host illegally over-served the at-fault party. Those parties can be held financially responsible alongside the driver who caused the fatal harm.

Defective Product Deaths

If a manufacturing defect in a vehicle, piece of equipment, or medical device contributes to a death, we hold the manufacturer accountable under strict product liability. We do not need to prove carelessness, only that the product was unreasonably dangerous.

Government Entity Claims

The Vermont Tort Claims Act imposes strict notice requirements and compressed timelines when a government body is involved. Missing these procedural steps can eliminate an otherwise valid claim before it ever reaches a courtroom.

Government entities defending wrongful death claims in Chittenden County often raise Vermont’s short statutory notice period as an initial defense, arguing that a grieving family missed the deadline while still dealing with funeral arrangements.

What we see across the Burlington cases we have handled is that families who bring us in during the first days after a loss, before any notice deadline runs, end up with far more leverage than those who wait until the probate process is already underway. Across these claims, we treat the notice requirement as the very first item on our checklist, precisely because it is the one procedural misstep that can end a valid claim before it starts.

Why Families Choose Promoting Justice

We have represented injury victims and grieving families exclusively since 1980, never insurance companies, never corporations. Every attorney and every member of our team is committed to one purpose: holding negligent parties fully accountable for the harm they cause. Above all, we hate to lose, and that is the standard we hold ourselves to on every case we accept.

Founding attorney Dennis O. Shillen has been recognized by peers and professional organizations for his work in the legal field. D. James Mackall is a published legal author and a member of the Vermont Association for Justice Board of Governors. Attorney Linda Fraas spent years defending the same insurers you now face, and she applies every bit of that inside knowledge entirely in service of families like yours.

“Words cannot express our gratitude for all the concern you have given us during our unfortunate time. We have pulled through, one more time, and want to thank you for all of it. We feel you held us together and got us back on track. The whole family wishes to thank you from our hearts for all your concern, input, and sincerity. We will never forget all you have done for us. Thank you, thank you, from all of us!” – Kay C.

Case Results That Reflect Our Commitment

We have secured substantial recoveries for Vermont families in cases ranging from combined workers’ compensation and automobile accidents to traumatic brain injuries caused by landlord negligence. Past results do not guarantee future outcomes, but they reflect the preparation and resolve we bring to every file.

No Fees Unless We Win

In many wrongful death cases, we work on a contingency-fee basis, meaning clients are not charged an hourly rate, retainer, or any upfront payments. We also advance all litigation costs, from expert witness fees to court filing charges. If we do not win compensation for your family, you owe us nothing.

“My wife and I want to thank you ever so much for everything you have done. Without you we would have been lost. May God bless each of you and your families. The world would be a much better place if there were more caring people like you.” – Henry S.

Speak with a Burlington VT Wrongful Death Lawyer Today

Vermont’s filing deadline will not wait, and the evidence your case depends on can disappear without warning. Call us, reach out through our online contact form, or visit our Woodstock office; we are available to meet Burlington families wherever is most convenient.

Call us at (802) 457-4848 or visit promotingjustice.com.

Frequently Asked Questions

Will a Vermont Wrongful Death Case Go to Trial?

Most wrongful death cases settle before trial, but insurers only offer full value when they know your attorney is genuinely prepared to try the case, and that is exactly how we approach every file from day one.

How Long Does a Vermont Wrongful Death Lawsuit Take to Resolve?

Most cases are resolved within 12 to 24 months, though matters involving disputed liability or multiple defendants can take considerably longer.

What Causes a Vermont Wrongful Death Claim to Be Dismissed?

The two most common reasons are filing after the two-year statute of limitations and failing to have a personal representative formally appointed by probate court before the lawsuit is filed.

What If the At-Fault Party Had No Insurance or Insufficient Coverage?

We pursue uninsured and underinsured motorist (UIM) coverage through your own policy and investigate every potentially liable third party, employers, contractors, property owners, to find every available source of recovery.

Can We Win a Wrongful Death Claim If No Criminal Charges Were Filed?

Yes, a civil claim requires proof only by a preponderance of the evidence, a substantially lower standard than in criminal law, so a conviction or arrest is not required to win your case.

Who Receives the Money Recovered in a Vermont Wrongful Death Case?

Under 14 V.S.A. § 1492(b), proceeds go directly to the surviving spouse and next of kin under Vermont’s statutory framework, not into the general estate to pay outstanding debts or creditors.

Can My Family Still Recover If My Loved One Was Partly at Fault?

Yes, Vermont’s modified comparative negligence rule allows recovery as long as your loved one was 50% or less responsible for the incident, with damages reduced proportionally by their share of fault.

Is a Vermont Probate Estate Required Before Filing a Wrongful Death Lawsuit?

Yes, a court-appointed personal representative must be in place before a wrongful death suit can be filed in Vermont, and we handle that entire probate process on your behalf.