What are the non-economic damages that may be available in a wrongful death case?

In Virginia, non-economic damages may be available in a wrongful death case. These damages are intended to compensate the family members of the deceased for their emotional losses and suffering due to the wrongful death. Non-economic damages may include damages for grief and sorrow, loss of companionship, love and affection, mental anguish, emotional pain and suffering, and any other non-economic losses suffered by the family members as a result of the wrongful death. Non-economic damages may also include punitive damages in certain cases. Punitive damages are designed to punish the wrongdoer for their actions and provide a deterrent for like-minded behavior. The court may award punitive damages if it finds that the wrongful death was caused by the gross negligence, reckless or willful and wanton misconduct of the wrongdoer, or an intentional act or omission by the wrongdoer. Non-economic damages may also include damages for loss of earnings, both past and future. This includes potential future salary and benefits that the deceased would have earned had they not suffered a wrongful death. In many cases, this can be the most significant part of a wrongful death claim. In conclusion, non-economic damages in a wrongful death case in Virginia may include damages for grief and sorrow, loss of companionship, love and affection, mental anguish, emotional pain and suffering, punitive damages, and loss of earnings, both past and future.

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