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Virginia Code Title 8.01. Civil Remedies and Procedure § 8.01-52. Amount of damages

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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.

Cite this article: FindLaw.com - Virginia Code Title 8.01. Civil Remedies and Procedure § 8.01-52. Amount of damages - last updated January 01, 2020 | https://codes.findlaw.com/va/title-8-01-civil-remedies-and-procedure/va-code-sect-8-01-52/


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