Wrongful Death Claims and Lawsuits in Virginia

In Virginia, when a loved one dies because of the carelessness of another, or because of medical malpractice, the survivors may be entitled to damages. Each state is different in terms of what damages may be recovered.

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In Virginia, 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 in Virginia 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.

Library for Wrongful Death Claims and Lawsuits in Virginia:

• Wrongful Death Damages   
  Description: Virginia attorney Ben Glass explains the damages recoverable in a wrongful death action.