Rolf M. Sternberg | Neil S. Moss | Peter M. Lawrence | David F. Silver

Bennington Personal Injury Lawyer

When you've been injured by someone else's carelessness, it's important to take some initial steps toward making sure your injury claim can be settled fairly and as quickly as possible:

  • Write down everything you can remember about how the injury occurred, including the names, addresses and phone numbers of potential witnesses, police officers and insurance company representatives (or company or workers' compensation representatives if it was a work-related injury)
  • Talk to a Vermont personal injury lawyer before making any statements, written or verbal, to insurance company adjusters or representatives
  • Let anyone you think may be responsible for the injury know right away you're intending to file a claim against them
  • Take steps to protect any evidence you may need to prove your injury, such as your totaled car, photographs of an accident or injury scene, clothing you were wearing, damaged personal belongings, and so forth

How Do I Figure Out Who Is at Fault?
In most cases, in order to collect on an injury claim in Vermont, you must prove the person who caused the injury was "negligent" - which is a failure to use reasonable care. You must prove:

  • The person who caused your injury owed you a duty
  • The other person broke or breached that duty
  • You suffered damages
  • The other person's failure caused your injury

If you were careless and that contributed to your injury, the recovery of damages depends upon your percentage of fault under Vermont comparative negligence law. Vermont follows a modified comparative fault rule, meaning you may not recover if you were 50 percent or more at fault. If you were 49 percent or less at fault, you may recover, though your recovery will be reduced by your degree of fault.
If more than one person is negligent toward you, each is responsible for a proportional share of the damages.
If you've been injured using a consumer product, the product seller may be responsible strict liability law. Under Vermont law, you need to prove:

  • The product was defective, which made it unreasonably dangerous
  • You used the product the way it was supposed to be used
  • The defect caused your injury
  • You suffered damages

What Is My Claim Worth?
Under Vermont law, the person who injured you is responsible for:

  • Past, current and future estimated medical expenses
  • Time lost from work, including time spent going to medical appointments or therapy
  • Any property that was damaged, such as your vehicle
  • The cost of hiring someone to do household chores when you couldn't do them
  • Any permanent disfigurement or disability
  • Your emotional distress, including anxiety, depression and any interference with your family relationships
  • A change in your future earning ability due to the injury
  • Any other costs that were a direct result of your injury

In some cases you may need an expert to explain your injuries and why you're entitled to certain damages. This is very common in medical malpractice cases. A lawyer will know what type of expert witness to hire to best prove your damages.

How Long Do I Have to File a Legal Claim?
The statute of limitations for most personal injury claims is 3 years; with some exceptions- wrongful death, skiing accidents are examples of claims with shorter statutes of limitations. All claims are time limited and you should consult with an attorney as soon as possible to determine the correct statute of limitations for your claim. If your lawyer isn't able to come to an agreement with any involved insurance companies, you'll want to file a lawsuit before the statute of limitations runs out.

Questions for Your Attorney

  • Can I still file a lawsuit if I accepted a settlement offer from the other person's insurance company before I contacted you?
  • The insurance company seems to be taking me and my injuries seriously. Why do I need to hire a lawyer?
  • Is the other person's insurance company entitled to look at my medical records without my permission? Should I let it have access to my records?

About the Lawyers:

Rolf SternbergRolf M. Sternberg is a former President of the Vermont Trial Lawyers Association, a faculty member of the National Institute for Trial Advocacy and has practiced for more than 34 years in New York State and more than 28 years in Vermont. Mr. Sternberg has an active litigation practice in the fields of personal injury and insurance related claims. In addition, he has developed a concentration in estate planning and administration and real estate law in both New York and Vermont. In addition to being a founding member of the firm, he also maintains a law practice in nearby Hoosick Falls, N.Y. under the name of Sternberg & Gorman, LLP. Mr. Sternberg has served on several community boards of trustees and is currently a member of the board of directors of the Vermont Trial Lawyers Association. Mr. Sternberg was trial counsel along with his partner Neil Moss, in the landmark negligent entrustment case of Vince v. Wilson, now cited in most standard law school textbooks on torts.

Neil MossNeil S. Moss is the firm's senior member and managing partner. He grew up in Yonkers, New York, where he went to Roosevelt High School. He graduated from Middlebury College in 1964, and New York University Law School in 1967. Neil returned to Vermont after law school to practice in Bennington. From 1970-75, he was the Bennington County State's Attorney. During this period Neil started (with others) 204 Depot Street, a very successful group home for local delinquent boys which continues as an alternative to juvenile criminal facilities or adult prisons. In 1980 Neil joined forces with Patt Barr and Rolf Sternberg and founded this law firm, now the largest in Southern Vermont. Neil's experience and training contribute to his skill as managing partner of the firm.

His law practice is focused on personal injury matters. Neil is active in sports, including golf, cross-country skiing and karate, in which he has a black belt. He also practices yoga and Tai Chi. He lives in Bennington with his wife, Joan Goodrich, who has recently retired from her position as vice president of Bennington College.

Peter LawrencePeter M. Lawrence came to the law firm in 1984 and became a partner in 1986. He has a General Practice with an emphasis on Family Court matters. He is committed to assisting his clients with the difficult transitions involved in Family Court matters. This has led him to a state wide involvement with the ongoing improvement of how the Family Court delivers services to litigants. In addition to Family Court matters, Peter assists his clients with a wide range of General Business disputes, Environmental and Land Use issues, Construction Disputes and Employment matters. Although he grew up on his native island home, (Long Island, New York), he came to Vermont by way of Boston which explains his passion for the Boston Red Sox and the Boston Celtics. Peter is also one of the founders of Bennington's sister city relationship with the town of Somotillo in Nicaragua. Peter has traveled to Nicaragua and other countries in Central America many times, particularly to Somotillo to work on projects in that community.

David SilverDavid F. Silver joined the law firm as a partner in 1992.  He is Board Certified in Criminal Trial Advocacy by the National Board of Trial Advocacy (www.nbtanet.org). His law practice concentrates on criminal defense in the state and federal courts of Vermont and New York, personal injury litigation and employment law David graduated with honors from Cardozo Law School in 1983.  After graduating from law school he became a public defender with The Legal Aid Society of New York in the Bronx office before moving on to become a Federal Defender. David was a trial attorney for the Federal Defender Division, Southern District of New York, of the Legal Aid Society of the City of New York from 1997-1990.  After moving to Vermont with his family in 1990, David served as a Bennington County Public Defender for two years.  He is a Director of the Vermont Association of Criminal Defense Lawyers, and a member of the National Association of Criminal Defense Lawyers and Vermont Trial Lawyers Association.