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★ Vermont · head & brain

Head & brain settlements
in Vermont.

By 9 min read

A 27 year old roofer says his grandfather ordered him onto a frost covered roof in October 2011; he fell to a paved driveway and suffered serious, permanent head and spinal injuries, and the Supreme Court revived his case. A runner struck by a work truck’s trailer on a dirt road in Isle La Motte was unconscious when police arrived and remembered nothing, and he lost because his proof of causation fell short.

Facts that decide a head & brain claim in Vermont

Ordering someone into dangerA property owner who orders a worker onto an obviously dangerous roof can owe a duty despite the obvious risk.LeClair v. LeClair (Vt. 2017)
Causation proofWhen you cannot remember the crash, expert evidence must still show how the defendant caused it.Driscoll v. Wright Cut and Clean (Vt. 2024)
Deadline to sueThree years for personal injury, counted from discovery of the injury, which matters for slow to appear brain symptoms.12 V.S.A. § 512(4)
★ band · US federal frame
$500,000 to multi-million
Severe traumatic brain injury
Catastrophic-case reported decisions

The US band is the starting point. Vermont's fault rule and any applicable cap then adjust the figure.

united states · sister site
Your head & brain claim in Vermont. See the number for your own case.

The range above is a starting point. FairSettlement gives you a free estimate for your own head & brain case in about two minutes, no cost and no obligation.

Check my case
★ VT · reported head & brain outcomes

What Vermont courts have awarded.

Real Vermont decisions and verdicts, each linked to the court record or official report.

  • LeClair v. LeClair
    Vermont Supreme Court · 2017
    Summary judgment reversed

    On October 7, 2011, Joseph LeClair, an experienced roofer, was replacing the roof on the building that housed his grandfather’s office. The underlayment was covered with dew and early frost. He says he decided not to work until his grandfather arrived and ordered him up. He fell from the second story roof onto the paved driveway, suffering serious, permanent head and spinal injuries. The court reversed.

  • Driscoll v. Wright Cut and Clean, LLC
    Vermont Supreme Court · 2024
    Judgment for defendants affirmed

    On July 18, 2019, Frank Driscoll was running on East Shore Road, a 15 foot wide dirt road in Isle La Motte, when a company truck towing an eight foot trailer passed at about 19 mph. The driver said Driscoll moved back toward the center and was struck by the trailer. Driscoll was unconscious when police arrived and has no memory. The court affirmed judgment for the defendants.

★ VT · head & brain · in practice

What changes the number here.

What actually moves a head & brain settlement in Vermont.

  1. 1

    Write down who told you to take a risk and when; LeClair’s case turned on that order.

  2. 2

    If you cannot remember the crash, preserve scene evidence and hire a reconstruction expert early.

  3. 3

    Brain injury symptoms can appear late; the deadline runs from discovery.

★ VT · statute of limitations
3 years from date of injury

12 V.S.A. § 512

★ VT · fault rule
Modified comparative, 51% bar

Modified comparative, recovery barred at 51% claimant fault.

★ head & brain severity tiers · US frame

How the band stratifies.

The state-by-state tort law · jury verdict reporters · statutory caps stratifies head & brain into the tiers below. Vermont courts apply the same tier structure, adjusted for state-specific factors.

Severity tierBandBasis
Concussion / mild TBI$25,000 to $100,000Reported decisions
Severe traumatic brain injury$500,000 to multi-millionCatastrophic-case reported decisions
★ head & brain · same region & fault regime

Compare to like jurisdictions.

How Vermont's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for head & brain claims.

JurisdictionFault ruleLimitationHead & brain page
Vermont · you are hereModified comparative, 51% bar3 years from date of injury—
ConnecticutModified comparative, 51% bar2 years from date of injuryCT · head & brain →
DelawareModified comparative, 51% bar2 years from date of injuryDE · head & brain →
District of ColumbiaPure contributory negligence3 years from date of injuryDC · head & brain →
MaineModified comparative, 50% bar6 years for personal injury, longest in the USME · head & brain →
MarylandPure contributory negligence3 years from date of injuryMD · head & brain →
MassachusettsModified comparative, 51% bar3 years from date of injuryMA · head & brain →
West VirginiaModified comparative, 51% bar2 years from date of injuryWV · head & brain →
WisconsinModified comparative, 51% bar3 years from date of injuryWI · head & brain →
WyomingModified comparative, 51% bar4 years from date of injuryWY · head & brain →
FloridaModified comparative, 51% bar2 years from date of injury (was 4; reduced by HB 837)FL · head & brain →
VirginiaPure contributory negligence2 years from date of injuryVA · head & brain →
WashingtonPure comparative negligence3 years from date of injuryWA · head & brain →
★ VT · head & brain · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

Sources

Checked 2026-09-30. Every figure on this page comes from one of these documents.

★ all of VT
Vermont overview

Fault rule, statute, caps, and key facts for Vermont as a whole.

★ federal frame
Head & brain in United States

Head & brain band structure and severity tiers at the US level.

★ all 15 countries
Head & brain · everywhere

Cross-jurisdiction comparison of head & brain bands.

★ editorial note

Figures on this page are starting points: the US band adjusted for Vermont's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in Vermont. See /methodology, /sources, and /disclaimer.