How are damages awarded in a wrongful death case?

In Virginia, damages awarded in a wrongful death case depend on the type of harm caused and the legal theories used to bring the claim. Damages can come in the form of compensation for medical and funeral expenses, loss of income, loss of companionship and emotional distress, among others. Compensatory damages are calculated based on what the decedent would have earned had they been alive, as well as their life expectancy and the type of work they performed. The court will also consider what the decedent would have provided their family in terms of support, services, and benefits. Punitive damages may also be awarded to punish the defendant for their actions, although this is less common in wrongful death cases. In Virginia, the jury has the responsibility to determine the value of a life when awarding damages in a wrongful death case. The jury will consider a variety of factors such as the decedent’s age, health, character, earning capacity, and any pain and suffering endured. The family of the deceased may also be awarded damages to compensate them for the emotional distress caused by losing a loved one. This may include grief, sorrow and mental anguish, as well as the impact of the death on the family’s quality of life, identity, and understanding of the world. The court may also order the defendant to pay the family’s attorney fees and other court costs associated with bringing the wrongful death claim.

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