CODE OF VIRGINIA UNESTABLISHED BUSINESS DAMAGES; LOST PROFITS (ยง 8.01-221.1) Damages for lost profits of a new or unestablished business may be recoverable upon proper proof. A party shall not be deemed to have failed to prove lost profits because the new or unestablished business has no history of profits. Such damages for a new or unestablished business shall not be recoverable in wrongful death or personal injury actions other than actions for defamation. HISTORY: 2002, c. 624.