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.
Code 1950, § 8-636.1; 1974, c. 444; 1977, cc. 460, 617; 1982, c. 441.
Notes of Decisions
Sanchez v. Schindler, 651 S.W.2d 249 (Tex. 1983).
· cites it 6× “090 (1979); N.C. Gen.Stat. § 28.174 (Supp.1982); Okla.”
REVI, LLC v. Chicago Title Ins. Co., 776 S.E.2d 808 (Va. 2015).
· cites it 4× “1-13 (“in the discretion of the court or jury trying the case”); Code § 8.01-52 (“[t]he jury or the court, as the case may be” may award damages); Code § 8.”
Hewitt v. Firestone Tire & Rubber Co., 490 F. Supp. 1358 (E.D. Va. 1980).
· cites it 9× “18 Although specifying the beneficiaries of an action for wrongful death, the Virginia statute places no dollar limit on the amount of compensation that may be awarded.”
John Crane, Inc. v. Jones, 650 S.E.2d 851 (Va. 2007).
· cites it 2× “In addition to John Crane, the complaint named the following parties as defendants: Garlock Sealing Technologies, LLC; Dana Corporation; Metropolitan Life Insurance Company; General Electric Company; Foster-Wheeling USA Corporation; Warren Pumps, Inc.; Goulds Pumps, Inc.;…”
Cassady v. Martin, 266 S.E.2d 104 (Va. 1980).
· cites it 4× “I 4 was a literal *1101 tracking of Code § 8.01-52 (formerly § 8-636.1) and for that reason he thought was free of objection.”
Montagna v. Holiday Inns, Inc., 269 S.E.2d 838 (Va. 1980).
· cites it 3× “See Code § 8.01-52, specifying the items of damage in a wrongful death claim.”
Rice v. Charles, 532 S.E.2d 318 (Va. 2000).
· cites it 6× “See Code §§ 8.01-52 through -54. The Rices subsequently moved to set aside the verdict and to award a new trial on the issue of damages.”
Marshall v. Goughnour, 269 S.E.2d 801 (Va. 1980).
· cites it 4× “Without changes relevant to this case the statute has since been renumbered as Code § 8.01-52 (Repl. Vol. 1977) to read in pertinent part as follows: The jury or the court, as the case may be,.”
Johnson v. Smith, 403 S.E.2d 685 (Va. 1991).
· cites it 4× “Code § 8.01-52 provides in part that, in a wrongful death case, “[t]he 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.”
Est. of Armentrout v. Int'l Harvester Co., 547 F. Supp. 136 (W.D. Va. 1982).
· cites it 14× “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.”
— Va. Code Ann. § 8.01-52(1) — 7 cases
— Va. Code Ann. § 8.01-52(2)(ii) — 1 case
— Va. Code Ann. § 8.01-52(3) — 2 cases
Hewitt v. Firestone Tire & Rubber Co., 490 F. Supp. 1358 (E.D. Va. 1980).
“18 Although specifying the beneficiaries of an action for wrongful death, the Virginia statute places no dollar limit on the amount of compensation that may be awarded.”
— Va. Code Ann. § 8.01-52(5) — 3 cases
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