Personal Injury Statute of Limitations in Vermont

Last verified 2026-07 · Source: 12 V.S.A. § 512(4) ✓ verified · 3 sources

If you're researching personal injury lawsuits in Vermont, the single most important number is 3 years. That's how long 12 V.S.A. § 512(4) gives you to file a personal injury lawsuit, counted from Date of discovery of injury (discovery rule built into the statute). File even one day late and the court will almost certainly dismiss the case, no matter how strong it is.

Vermont Deadlines for Related Claims

When the Clock Starts

In Vermont, the limitations period for personal injury lawsuits generally begins on Date of discovery of injury (discovery rule built into the statute). Vermont recognizes a discovery rule for this claim type: Vermont's § 512 expressly provides that the cause of action accrues as of the date of discovery of the injury; the discovery rule is statutory, not merely a judicial gloss, and applies to all personal injury claims under this section

Exceptions That Can Extend the Deadline

• Minors: the clock is generally paused while the injured person is under 18.
• Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
• Defendant leaves the state: absence can pause the clock in many circumstances.
• Government-claim trap: Vermont Tort Claims Act limits government liability to $500,000 per claimant and $2,000,000 for all claimants in the same occurrence; claims against the state must comply with notice requirements under 12 V.S.A. § 5601 et seq.
• Damage caps: No cap for private defendants on general personal injury claims; government defendants subject to $500,000 per claimant / $2,000,000 per occurrence statutory limit

Modified comparative fault (51% bar). Vermont uniquely builds the discovery rule directly into the limitations statute rather than relying solely on judicial development. 12 V.S.A. § 551 provides tolling for minors and persons under disability — clock does not run until disability is removed.

Source: 12 V.S.A. § 512(4), official Vermont statute · verified 2026-07

What to Do Before the Deadline Runs

1. Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
2. Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
3. Send preservation/notice letters where required (especially for Vermont government defendants).
4. If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.

How Vermont Compares to Nearby States

Frequently Asked Questions

Sources

This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Vermont attorney.