2006 Code of Virginia § 8.01-52 - Amount of damages
8.01-52. Amount of damages.
The jury or the court, as the case may be, in any such action under 8.01-50may award such damages as to it may seem fair and just. The verdict orjudgment of the court trying the case without a jury shall include, but maynot 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 decedentand (ii) services, protection, care and assistance provided by the decedent;
3. Expenses for the care, treatment and hospitalization of the decedentincident to the injury resulting in death;
4. Reasonable funeral expenses; and
5. Punitive damages may be recovered for willful or wanton conduct, or suchrecklessness as evinces a conscious disregard for the safety of others.
Damages recoverable under 3, 4 and 5 above shall be specifically stated bythe jury or the court, as the case may be. Damages recoverable under 3 and 4above shall be apportioned among the creditors who rendered such services, astheir respective interests may appear. Competent expert testimony shall beadmissible in proving damages recoverable under 2 above.
The court shall apportion the costs of the action as it shall deem proper.
(Code 1950, 8-636.1; 1974, c. 444; 1977, cc. 460, 617; 1982, c. 441.)
Disclaimer: These codes may not be the most recent version. Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.