Q: What type of compensation can be claimed in a Virginia wrongful death case?

If you have lost a loved one due to someone else’s negligence, you may be entitled to damages for certain circumstances under Virginia law.

Virginia Code § 8.01-52: Amount of damages

“The verdict or judgement of the court trying the case without a jury shall include, but not be limited to, damages for the following:

  1. Sorrow, mental anguish, and solace which many include society, companionship, comfort, guidance, kindly offices and advice of the decedent;
  2. Compensation for reasonable expected loss of (i) income of the decedent and (ii) services, protection, care, and assistance provided by the decedent;
  3. Expenses for the care, treatment, and hospitalization of the decedent incident to the injury resulting in death;
  4. Reasonable funeral expenses; and
  5. Punitive damages may be recovered for wilful or wanton conduct, or such recklessness as evinces a conscious disregard for the safety of others”
 
 

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