Vermont — Non-Economic Cap
No cap
No cap
The rule at a glance
- Non-economic cap
- No cap
- Economic damages
- Past + future medicals, past + future wage loss, household services. Not capped.
- Present value of future damages
- Reduce future streams to present value using 3% net discount rate; adjust for life expectancy.
- Collateral source rule
- Vermont — follow state collateral-source doctrine; verify whether insurance payments are admissible.
- Statutory reference
- No statute
Common pitfalls in Vermont
- Pleading aggregate damages without explicit non-economic line-item — caps apply per-defendant and per-occurrence, not in bulk.
- Forgetting that economic damages (meds, wages, life care) are generally uncapped and should carry the weight of the demand.
- Using gross future-medical totals without reducing to present value — opposing economists will deduct it and the jury may see the gap.
- Failing to preserve the constitutional challenge if the cap applies — preservation matters if the state supreme court revisits.
Frequently asked questions
What is Vermont's medical malpractice damages cap?
No cap
Does Vermont's cap apply to economic damages?
No. Vermont's cap targets non-economic damages only. Past and future medical expenses, wage loss, life-care plan costs, and household services remain uncapped and should anchor the demand.
How do I calculate present value of future damages in Vermont?
Reduce future medical + wage streams using a net discount rate (typically 2-4%). Most plaintiff economists use the uniform-annuity PV formula with state-specific life-expectancy tables. The calculator below applies this automatically.
Is Vermont's damages cap constitutional?
Vermont's cap is currently enforced, though plaintiff counsel should always preserve constitutional challenges (equal-protection, right-to-jury, separation-of-powers) for appellate review.
Calculate Vermont damages value
Enter past med, past wages, future med, future wages, and a non-econ multiplier. Get present-value totals with cap applied.
Calculate damages →
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