What are wrongful death damages?

Wrongful death damages are financially compensatory damages awarded to the surviving family members or estate of a deceased individual. These damages are sought in cases where a person’s death was caused by the negligence or wrongful actions of another. In Virginia, wrongful death damages are intended to compensate surviving family members financially for their losses due to the death, including loss of love, companionship, support, and financial contribution. Wrongful death damages in Virginia can include medical expenses that the family members incurred prior to the decedent’s death, any funeral and burial expenses they were or will be responsible for, loss of income and any future income the decedent would have provided to the family, compensation for the pain and suffering that the decedent experienced prior to death, and punitive damages, which seek to punish the wrongdoer for their negligent or wrongful actions. Punitive damages are designed to deter similar behavior in the future. In Virginia, only the following individuals are eligible to receive wrongful death damages: a surviving spouse, child, parent, or any other person that was dependant on the decedent. The law also states that the damages that are awarded in a wrongful death case must be reasonable and appropriate for the specific case at hand.

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