Wrongful Death Statute of Limitations in Vermont

Last verified 2026-07 · Source: 14 V.S.A. § 1492 ✓ verified · 3 sources

Vermont law sets a hard deadline of 2 years to file a wrongful death lawsuit. The controlling statute is 14 V.S.A. § 1492, and the clock generally starts on Discovery of the death (not necessarily date of death). Below: exactly when that clock starts, the exceptions that can pause it, and the traps that shorten it.

Vermont Deadlines for Related Claims

When the Clock Starts

In Vermont, the limitations period for wrongful death claims generally begins on Discovery of the death (not necessarily date of death). Vermont recognizes a discovery rule for this claim type: Vermont's wrongful death SOL is explicitly 2 years from 'discovery of the death,' which incorporates a discovery rule directly into the statute

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 (12 V.S.A. § 5602): state has limited waiver of sovereign immunity; notice requirements apply for claims against state entities
• Damage caps: No statutory cap on wrongful death damages against private defendants; government liability limited under Vermont Tort Claims Act

Extended limitation for homicide: 7 years from discovery of death or 2 years after criminal judgment becomes final, whichever is later. For murder (intentional act): 7 years from discovery of death. Tolling applies when defendant is absent from Vermont with no attachable property in state. Filed by personal representative. Damages are pecuniary injuries resulting from death; for minor children, includes loss of love and companionship.

Source: 14 V.S.A. § 1492, 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.