§ 8.01-52 Amount of damages

Codes > Code of Virginia > Title 8.01 > Chapter 3 : Article 5 > 8.01-52 Amount

§ 8.01-52. Amount of damages

    The jury or the court, as the case may be, in any such action under § 8.01-50 may award such damages as to it may seem fair and  just. The verdict or judgment of the court trying the case without a jury shall include, but may not be limited to, damages for the following:

    1. Sorrow, mental anguish, and solace which may include society, companionship, comfort, guidance, kindly offices and advice of the decedent;

    2. Compensation for reasonably 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 willful or wanton conduct, or such recklessness as evinces a conscious disregard for the safety of others.

    Damages recoverable under 3, 4 and 5 above shall be specifically stated by the jury or the court, as the case may be. Damages recoverable under 3 and 4 above shall be apportioned among the creditors who rendered such services, as their respective interests may appear. Competent expert testimony shall be admissible in proving damages recoverable under 2 above.

    The court shall apportion the costs of the action as it shall deem proper.