8.01-52 - Amount of damages. - Virginia Statutes

§ 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.)