{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/8.01-52.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/8.01-52.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/8.01-52.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/8.01-52.html"}],"law_id":377503,"edition_id":2,"section_id":377503,"structure_id":53652,"section_number":"8.01-52","catch_line":"Amount of damages","history":"Code 1950, \u00a7 8-636.1; 1974, c. 444; 1977, cc. 460, 617; 1982, c. 441.","full_text":"The jury or the court, as the case may be, in any such action under \u00a7 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:\n\n1\n\nSorrow, mental anguish, and solace which may include society, companionship, comfort, guidance, kindly offices and advice of the decedent;\n\n2\n\nCompensation for reasonably expected loss of (i) income of the decedent and (ii) services, protection, care and assistance provided by the decedent;\n\n3\n\nExpenses for the care, treatment and hospitalization of the decedent incident to the injury resulting in death;\n\n4\n\nReasonable funeral expenses; and\n\n5\n\nPunitive damages may be recovered for willful or wanton conduct, or such recklessness as evinces a conscious disregard for the safety of others.\n\t\t\tDamages 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.\n\n\t\t\tThe court shall apportion the costs of the action as it shall deem proper.\n\n","order_by":null,"text":{"0":{"id":1408576,"text":"The jury or the court, as the case may be, in any such action under \u00a7 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:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":1408577,"text":"Sorrow, mental anguish, and solace which may include society, companionship, comfort, guidance, kindly offices and advice of the decedent;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":1408578,"text":"Compensation for reasonably expected loss of (i) income of the decedent and (ii) services, protection, care and assistance provided by the decedent;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":1408579,"text":"Expenses for the care, treatment and hospitalization of the decedent incident to the injury resulting in death;","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":1408580,"text":"Reasonable funeral expenses; and","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":1408581,"text":"Punitive damages may be recovered for willful or wanton conduct, or such recklessness as evinces a conscious disregard for the safety of others.\n\t\t\tDamages 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.\t\t\tThe court shall apportion the costs of the action as it shall deem proper.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4"}},"ancestry":[{"id":53652,"edition_id":2,"name":"Death by Wrongful Act","identifier":"5","label":"article","depth":3,"order_by":5,"parent_id":53562,"metadata":{"child_laws":9,"child_structures":0},"date_created":"2026-08-02 03:20:01","date_modified":"2026-08-02 12:28:11","permalink":{"id":1507861,"object_type":"structure","relational_id":53652,"identifier":"5","token":"8.01\/3\/5","url":"\/8.01\/3\/5\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53562,"edition_id":2,"name":"Actions","identifier":"3","label":"chapter","depth":2,"order_by":5,"parent_id":53558,"metadata":{"child_laws":357,"child_structures":31},"date_created":"2026-08-02 03:18:33","date_modified":"2026-08-02 12:28:10","permalink":{"id":1506637,"object_type":"structure","relational_id":53562,"identifier":"3","token":"8.01\/3","url":"\/8.01\/3\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53558,"edition_id":2,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":12,"parent_id":null,"metadata":{"child_laws":1095,"child_structures":142},"date_created":"2026-08-02 03:18:32","date_modified":"2026-08-02 12:28:09","permalink":{"id":1504031,"object_type":"structure","relational_id":53558,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":377470,"structure_id":53652,"section_number":"8.01-50","catch_line":"Action for death by wrongful act; how and when to be brought","url":"\/8.01-50\/","token":"8.01\/3\/5\/8.01-50","metadata":false},{"id":377469,"structure_id":53652,"section_number":"8.01-50.1","catch_line":"Certification of expert witness opinion at time of service of process","url":"\/8.01-50.1\/","token":"8.01\/3\/5\/8.01-50.1","metadata":false},{"id":377485,"structure_id":53652,"section_number":"8.01-51","catch_line":"No action when deceased has compromised claim","url":"\/8.01-51\/","token":"8.01\/3\/5\/8.01-51","metadata":false},{"id":377503,"structure_id":53652,"section_number":"8.01-52","catch_line":"Amount of damages","url":"\/8.01-52\/","token":"8.01\/3\/5\/8.01-52","metadata":false},{"id":377502,"structure_id":53652,"section_number":"8.01-52.1","catch_line":"Admissibility of expressions of sympathy","url":"\/8.01-52.1\/","token":"8.01\/3\/5\/8.01-52.1","metadata":false},{"id":377526,"structure_id":53652,"section_number":"8.01-53","catch_line":"Class and beneficiaries; when determined","url":"\/8.01-53\/","token":"8.01\/3\/5\/8.01-53","metadata":false},{"id":377538,"structure_id":53652,"section_number":"8.01-54","catch_line":"Judgment to distribute recovery when verdict fails to do so","url":"\/8.01-54\/","token":"8.01\/3\/5\/8.01-54","metadata":false},{"id":377551,"structure_id":53652,"section_number":"8.01-55","catch_line":"Compromise of claim for death by wrongful act","url":"\/8.01-55\/","token":"8.01\/3\/5\/8.01-55","metadata":false},{"id":377562,"structure_id":53652,"section_number":"8.01-56","catch_line":"When right of action not to determine nor action to abate","url":"\/8.01-56\/","token":"8.01\/3\/5\/8.01-56","metadata":false}],"previous_section":{"id":377485,"structure_id":53652,"section_number":"8.01-51","catch_line":"No action when deceased has compromised claim","url":"\/8.01-51\/","token":"8.01\/3\/5\/8.01-51","metadata":false},"next_section":{"id":377502,"structure_id":53652,"section_number":"8.01-52.1","catch_line":"Admissibility of expressions of sympathy","url":"\/8.01-52.1\/","token":"8.01\/3\/5\/8.01-52.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-52\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1974, chapter 444; in 1977, chapters 460 and 617; in 1982, chapter 441.<\/p>","references":[{"id":377309,"section_number":"8.01-417","catch_line":"Copies of written statements or transcriptions of verbal statements by injured person to be delivered to him; copies of subpoenaed documents to be provided to other party; disclosure of insurance policy limits","order_by":null,"url":"\/8.01-417\/"},{"id":377307,"section_number":"8.01-417.01","catch_line":"Disclosure of certain homeowners insurance and personal injury liability insurance policy limits","order_by":null,"url":"\/8.01-417.01\/"},{"id":377526,"section_number":"8.01-53","catch_line":"Class and beneficiaries; when determined","order_by":null,"url":"\/8.01-53\/"},{"id":377551,"section_number":"8.01-55","catch_line":"Compromise of claim for death by wrongful act","order_by":null,"url":"\/8.01-55\/"}],"refers_to":[{"id":377470,"section_number":"8.01-50","catch_line":"Action for death by wrongful act; how and when to be brought","order_by":null,"url":"\/8.01-50\/"}],"permalink":{"id":1507875,"object_type":"law","relational_id":377503,"identifier":"8.01-52","token":"8.01\/3\/5\/8.01-52","url":"\/8.01-52\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/8.01-52\/","token":"8.01\/3\/5\/8.01-52","dublin_core":{"Title":"Amount of damages","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-52","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The jury<\/span> or the court<\/span>, as the case may be, in any such action<\/span> under \u00a7 8.01-50<\/a> may award such damages<\/span> as to it may seem fair and just. The verdict<\/span> or judgment<\/span> of the court<\/span> trying the case without a jury<\/span> shall include, but may not be limited to, damages<\/span> for the following:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Sorrow, mental anguish, and solace which may include society, companionship, comfort, guidance, kindly offices and advice of the decedent; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Compensation for reasonably expected loss of (i) income of the decedent and (ii) services, protection, care and assistance provided by the decedent; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Expenses for the care, treatment and hospitalization of the decedent incident to the injury resulting in death; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Reasonable funeral expenses; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Punitive damages<\/span> may be recovered for willful or wanton conduct, or such recklessness<\/span> as evinces a conscious disregard for the safety of others.\n\t\t\tDamages<\/span> recoverable under 3, 4 and 5 above shall be specifically stated by the jury<\/span> or the court<\/span>, as the case may be. Damages<\/span> recoverable under 3 and 4 above shall be apportioned among the creditors<\/span> who rendered such services, as their respective interests may appear. Competent expert testimony<\/span> shall be admissible<\/span> in proving damages<\/span> recoverable under 2 above.

\t\t\tThe court<\/span> shall apportion the costs of the action<\/span> as it shall deem proper. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAMOUNT OF DAMAGES (\u00a7 8.01-52)\n\nThe jury or the court, as the case may be, in any such action under \u00a7 8.01-50\nmay award such damages as to it may seem fair and just. The verdict or judgment\nof the court trying the case without a jury shall include, but may not be\nlimited to, damages for the following:\n\n1. Sorrow, mental anguish, and solace which may include society, companionship,\ncomfort, guidance, kindly offices and advice of the decedent;\n\n2. Compensation for reasonably expected loss of (i) income of the decedent and\n(ii) services, protection, care and assistance provided by the decedent;\n\n3. Expenses for the care, treatment and hospitalization of the decedent incident\nto the injury resulting in death;\n\n4. Reasonable funeral expenses; and\n\n5. Punitive damages may be recovered for willful or wanton conduct, or such\nrecklessness as evinces a conscious disregard for the safety of others.\n\t\t\tDamages recoverable under 3, 4 and 5 above shall be specifically stated by\nthe jury or the court, as the case may be. Damages recoverable under 3 and 4\nabove shall be apportioned among the creditors who rendered such services, as\ntheir respective interests may appear. Competent expert testimony shall be\nadmissible in proving damages recoverable under 2 above.\t\t\tThe court shall\napportion the costs of the action as it shall deem proper.\n\nHISTORY: Code 1950, \u00a7 8-636.1; 1974, c. 444; 1977, cc. 460, 617; 1982, c. 441.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}