Wrongful Death

Sadly, the negligence of others can and does result in death.  These are called wrongful death claims and are governed by a specific set of laws in Vermont.

The lawyers at Winburn Law Offices have handled thousands of personal injury cases over the last three decades.  Although most cases settle and are not reported in the media, see the following excerpts from local newspapers about a few of our cases over the years:

 

JURY AWARDS MOTORCYCLIST $1M

by Peter Crabtree

Herald Staff

“BURLINGTON — A Chittenden Superior Court jury Wednesday awarded a Williamstown man $1,076,00 in damages stemming from a 1995 crash in which his brother was killed.”

“Attorney Patrick Winburn of Manchester said until the accident that killed [the brother], truckers driving on Vermont 12 had swung into the opposite lane in order to clear the underpass.”

June 27, 1996 – Rutland Herald

 

FAMILY SUES CHP FOR WRONGFUL DEATH

by Eric Arvidson

“BENNINGTON — The family of a local woman who died recently of throat cancer is suing Community Health Plan for medical malpractice, alleging her illness went undetected by her doctors over repeated visits that spanned 14 months.”

“In May, the lawyer for the [client], Patrick Winburn, filed the complaint against CHP seeking damages for [client’s] suffering from her disease, claiming malpractice. Following [client’s] death, Winburn has amended the complaint to a wrongful death suit, setting up an estate for [client], arguing that her family members are entitled to damages due to their loss.”

July 30, 1998 – Bennington Banner

 

The lawyers of Winburn Law Offices have won millions of dollars in verdicts and settlements. These verdicts include a $2.4 million verdict in Vermont Federal Court for a woman who was struck by an automobile while crossing a street in Manchester (see Canedy v. Liberty Mutual, 126 F.3d (2nd Cir. 1997) and an award of $1.1 million in Vermont Superior Court for a man who was struck by a truck while riding his motorcycle in Northfield, Vermont (see Brown v. Roadway Express, 169 Vt. 633 (Vt. 1999). Agreements reached by pre-trial settlement also include results in excess of one million dollars.

While most cases do not guarantee verdicts or settlements of this size, our record of success in court serves all of our clients in two ways. First, it helps compensate them for the injury and losses they suffered because of someone else’s irresponsibility. Second, it contributes to our ability to reach fair settlements for our clients. Opposing lawyers and insurance companies know our track record of success in court which helps assist them in their determination of a fair settlement value of our clients’ cases.

Mr. Winburn has also been an invited speaker at the Vermont Trial Lawyers Association, the Vermont Bar Association and Vermont Association of Justice meetings including:

  • The Use of Expert Witnesses – December 2, 2016
  • Extraordinary Cross-Examination – November 19, 2010
  • A review of Vermont Verdicts – April 3, 2009
  • Bench and Bar Panel – May 30, 2008
  • Trial Advocacy In Vermont – Winning Techniques and Insights – May 10, 2007
  • A Review Of Vermont Verdicts and Settlements in 2004 – March 25, 2005
  • Persuading The Gatekeeper – Daubert And It’s Progeny – January 15, 2005
  • How To Grab The Jury With Your Opening Statement – March 19, 2004
  • Anatomy of a Jury Trial – February 7, 2003
  • Nuts and Bolts of Trial Practice – February 9, 2001
  • Opening Statement – May 11, 2001
  • Insurance Abuses – July 13, 2001
  • Trial Practice – December 7, 2001
  • Gender and Case Outcome – September 8, 2000
  • Understanding Basics – Medical Malpractice – May 12, 2000
  • Vermont Auto Insurance Law and Accident Litigation – August 26, 1999
  • Handling Medical Malpractice Cases – April 9, 1999
  • Communication – Mock Jury – June 14, 1998
  • Closing Arguments – October 9, 1998
  • Discovery: Was Trial By Ambush Better? – September 19, 1997
  • Damages: Loss of Enjoyment – May 31, 1996
  • Compulsory Physical Examinations – 1993

Contact us at (802)447-0100, (802)362-5100, toll free at (800)640-5100 or at winburn@sover.net for a free consultation.  We only handle personal injury cases in Vermont and charge a fee only if we are successful.