by winburnlawHow Long Does It Take To Get “To Court” In Vermont?
In most Superior Courts in Vermont, a civil suit will take between one and two years after filing before your case is in front of a Judge and Jury after a lawsuit is filed. This is what is commonly viewed as being “in Court”. In rare circumstances, it is possible that it will take longer. Cases tried before judges without a jury can sometimes be quicker. Each county has a separate Superior Court staff, and the wait time varies depending on the efficiency of the Court staff and the volume of cases in the county. Usually, cases are dealt with on a “first come, first served” basis and claimants essentially wait their turn.
Civil cases that are filed in Federal Court can sometimes be even quicker but there are certain standards that first have to be met for Federal Court jurisdiction to apply and most civil cases are not eligible to be in Federal Court. Federal Court requires what is called “Early Neutral Evaluation” which encourages litigants to attempt settlement sooner than State Court.
There are urban legends about how cases take five to ten years to actually reach a conclusion, and this may be true in other states. However, in Vermont, it would be extremely unusual for a case to take that long after filing to reach a conclusion.
We handle tort law (personal injury) cases from Bennington to St. Albans, Vermont, the Northeast Kingdom to Brattleboro and all points in between. If we can be of service, please feel free to click on our “Contact Us’ page at winburnlaw.com.
by winburnlawWhy Is Insurance Not Disclosed During Trials?
With few exceptions, Vermont juries are never told that the personal injury claim they are deciding has insurance. That is because there is a rule of evidence that excludes this information because it is thought that it may affect the juries’ determinations and cause higher verdicts.
However, others believe that if the jury thinks that payment of their verdict will come out of the pockets of the individual defendants, this will potentially reduce the amount of verdict. Juries are left to wonder where the money to pay the verdict will come from. The allowance of this information to the jury causes the court system to engage in a “legal fiction” to the advantage of insurance companies and to the disadvantage of consumers.
We offer free consultations to help you make a more informed choice. Our background and experience (see the “In The News” page of this website) can help in making a good decision about who should be hired to handle your case. We have offices in Bennington and Manchester, Vermont and handle cases throughout the entire State.