{"data":{"id":"us-va/va.-code-8.01-52","jurisdiction":"us-va","citation":"Va. Code § 8.01-52","heading":"Amount of damages","body":"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; and5. 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.Code 1950, § 8-636.1; 1974, c. 444; 1977, cc. 460, 617; 1982, c. 441.","path":["Title 8.01. Civil Remedies and Procedure","Chapter 3. ACTIONS","Article 5. DEATH BY WRONGFUL ACT"],"source_url":"https://law.lis.virginia.gov/vacode/8.01-52/","current_through":"9/4/2026","vintage":"","retrieved_at":"2026-09-04T15:12:39Z","sha256":"6138bd26428bb60421c3b14a94d35034f29428c2d40233a05791ec8f8697ce30","source_id":"us-va","stale":true,"prev":"us-va/va.-code-8.01-51","next":"us-va/va.-code-8.01-52.1"},"notice":"GroundRules: Original legal text. Not legal advice."}