Lynch Legal Services
Home
Services
  • Personal Injury
  • Consumer Bankruptcy
  • Worker's Compensation
About
Contact
Lynch Legal Services
Home
Services
  • Personal Injury
  • Consumer Bankruptcy
  • Worker's Compensation
About
Contact
More
  • Home
  • Services
    • Personal Injury
    • Consumer Bankruptcy
    • Worker's Compensation
  • About
  • Contact

  • Home
  • Services
    • Personal Injury
    • Consumer Bankruptcy
    • Worker's Compensation
  • About
  • Contact

Personal Injury

Personal Injury Attorney helping Williston, Burlington, VT

What Do You Have to Prove in A Personal Injury Claim in Vermont?

What Do You Have to Prove in A Personal Injury Claim in Vermont?

If you suffered severe or catastrophic injuries due to an accident that was someone else's fault, you may be entitled to full compensation for your injuries and losses. For 30 years, Vermont personal injury attorney David Lynch has worked to protect the rights of injured accident victims. He and his legal team are ready to help you.

Even when your injuries were caused by someone else, we understand that you might want to avoid conflict. Hiring an attorney can often seem intimidating and stressful. But you should not have to bear the financial consequences of injuries that you've suffered through no fault of your own.

That's why we want to serve as your voice and as an advocate for your best interests. We offer our clients personalized attention to help them feel comfortable, understand their rights, and make the process of pursuing full compensation as stress-free as possible.

Contact Lynch Legal Services, PLLC in Williston, Vermont, to set up a free case evaluation to discuss your claim in further detail with a knowledgeable Vermont personal injury lawyer. We'll help you learn more about your legal options for pursuing compensation for your injuries and losses.


What Do You Have to Prove in A Personal Injury Claim in Vermont?

What Do You Have to Prove in A Personal Injury Claim in Vermont?

What Do You Have to Prove in A Personal Injury Claim in Vermont?

A personal injury claim is actionable if you can prove that you have suffered an injury or other physical and emotional harm as a result of the actions of a third party that were either willful, reckless, or negligent act of another party.

Proving that someone willfully caused your injury requires showing that the other party intended to cause harm.

Proving that someone recklessly caused you injury requires that you can show that another person or entity consciously (with full knowledge and intent) disregarded a substantial risk that the person's or entity's actions would lead to you suffering bodily injury.

Most personal injury claims are based on a theory of negligence. Proving negligence requires you to establish four elements:

  • First, you must establish that the other party owed you a duty of care. 
  • Second, you must establish that the other party breached their duty of care in some way.
  • Third, you must prove that this breach of the duty of care directly or proximately caused you to suffer injury. 
  • Fourth, you must establish that you have suffered damages for which you can be financially compensated. 

What Is Your Personal Injury Claim Worth?

What Do You Have to Prove in A Personal Injury Claim in Vermont?

What Is the Time Limit for Filing a Personal Injury Lawsuit in Vermont?

If you've been injured by somebody else, you will want to determine how much the other negligent party owes you for your injuries. This can be a complex question. Obviously, the injury you have suffered cannot be undone. The courts are limited to providing you with monetary compensation. The compensation you could receive in a personal injury claim will largely depend on the severity of your injuries, the extent of your losses, and the amount of insurance coverage or other assets available to pay a claim.

Some of the damages you could be compensated for in a Vermont personal injury case include:

  • Medical expenses, such as ER visits, surgeries and other medical procedures, pain medication prescriptions, physical/occupational therapy, doctor's appointments, or medical/mobility equipment you purchase for your treatment and relief
  • Costs of personal and home care, when your injuries prevent you from performing personal care or home maintenance tasks
  • Lost wages, income, or business opportunities when you are forced to miss work while recovering from your injuries
  • Lost earning capacity, if your injuries leave you with disabilities that prevent you from returning to your old job
  • Pain and suffering
  • Lost quality of life

You may also be entitled to compensation for property that was damaged or destroyed in the accident that injured you.

What Is the Time Limit for Filing a Personal Injury Lawsuit in Vermont?

What Is the Time Limit for Filing a Personal Injury Lawsuit in Vermont?

What Is the Time Limit for Filing a Personal Injury Lawsuit in Vermont?

In Vermont, you generally have three years from the date of your injury to file a lawsuit against the party or parties liable for your losses.

In limited circumstances, this three-year statute of limitations can be paused, or "tolled." This is possible for a minor child who suffers an injury (they have three years from their 18th birthday), or if you do not initially know that you have been injured or who was responsible for your injury (in which case the limitation period begins when you discover that you have a cause of action to sue).

If you don't file your lawsuit before the statute of limitations expires on your claim, the court will most likely permanently bar your claim.

How a Personal Injury Attorney Can Help with Your Case

What Is the Time Limit for Filing a Personal Injury Lawsuit in Vermont?

How a Personal Injury Attorney Can Help with Your Case

Even when you know you've been injured because of someone else's negligence or recklessness, you may not want to undertake the challenges of pursuing compensation for your injuries on your own. Let our Vermont personal injury attorney help take the stress of pursuing financial recovery off you by:

  • Conducting an investigation 
  • Collaborating with highly experienced experts
  • Documenting your injuries
  • Filing your claim
  • Preparing your case to be filed in court


Our firm works to help you obtain the fair outcome you deserve so that you can fully recover and get back to your normal life.

Steps to Take to Protect Your Rights After an Accident

What Is the Time Limit for Filing a Personal Injury Lawsuit in Vermont?

How a Personal Injury Attorney Can Help with Your Case

An accident can be a shocking or disorienting experience, making it difficult to think about how to protect your rights. However, you can put yourself in the best position possible by following the advice below:

  • Notifying the appropriate parties about your accident
  • Collect the names and contact information for each of the parties 
  • Documenting the accident scene 
  • Getting checked out by a physician
  • Get a free case review from Lynch Legal Services, PLLC, to learn more about your legal rights and options following your accident.

Types of Personal Injury Cases Our Law Firm Handles

Motor Vehicle Accidents

Car, truck, and motorcycle accidents are a common occurrence on Vermont's roads, but when an accident happens to you it can change your life. We can help you secure compensation from insurance companies for the losses you've suffered from a motor vehicle accident that wasn't your fault.

Pedestrian Accidents

The vulnerability of pedestrians to an accident with a motor vehicle means they should be entitled to extra care from drivers on the road. When a motorist negligently hits a pedestrian, the pedestrian should be fully compensated for the significant and life-altering injuries that often result.

Medical Malpractice

We trust our health care providers to make us better. But sometimes a doctor or other medical professional commits a negligent error that leads to an adverse outcome from treatment. That could be a new injury, a new infection, or a worsening of your existing condition, for example.

Skip, Trip, and Fall Accidents

Property and business owners and occupiers owe a duty to visitors to keep the premises reasonably free of slip and trip hazards, which often go unnoticed by visitors until it's too late. When a slip or trip and fall accident results in serious, debilitating injuries, we can help you pursue the compensation you need for your recovery.

Premises Liability

Lawful visitors to someone else's property are entitled to expect that the property is free of unreasonably dangerous conditions that may cause injury. When a defective, dangerous, or hazardous condition on someone else's residential or commercial property leads you to suffer an accident, we can help you hold the property or business owner or occupier accountable.

Dog Bites

Even the most well-behaved dogs can bite or attack for seemingly no reason. We understand why you might hesitate to bring a claim against a friend, family member, or neighbor whose dog bit you. But our firm can pursue your dog bite claim to ensure that your damages are paid by the insurance company and not out of the pockets of your family member, friend, or neighbor.

Wrongful Death

If your family has had a loved one who passed away due to injuries in an accident that was caused by someone else, your family can pursue compensation and justice on behalf of your loved one.

Talk to a Vermont Personal Injury Attorney Today

We're here to help.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Office Visits by Appointment Only

Lynch Legal Services

(802) 658-6415

Copyright © 2025 Lynch Legal Services - All Rights Reserved.

Powered by GoDaddy

This website uses cookies.

We use cookies to analyze website traffic and optimize your website experience. By accepting our use of cookies, your data will be aggregated with all other user data.

Accept