What Are the Recoverable Losses in a Wrongful Death Claim?

If you have lost a loved one due to the actions of another party, call Shapiro, Washburn & Sharp at 833-997-1774 for a free and confidential consultation. We will examine all circumstances to determine your best course of action for financial justice.

What Types of Damages Are Recoverable in a Virginia Wrongful Death Case?

Virginia’s wrongful death laws allow surviving family members to recover a broad range of damages for the losses they have suffered due to their loved one’s death. These damages fall into two main categories: economic and non-economic.

Economic Damages:

• Medical expenses: Costs of treatment the deceased received before passing, such as hospital stays, surgeries, and medications.
• Funeral and burial costs: Reasonable expenses for laying the deceased to rest.
• Loss of income: Compensation for wages, salaries, and other earnings the deceased would have provided to their family had they lived.

Non-Economic Damages:

• Loss of companionship: For the emotional support, guidance, and love the deceased provided to their spouse, children, or other dependents.
• Mental anguish: Compensation for the grief, sorrow, and emotional suffering experienced by surviving family members.
• Loss of services and protection: Damages for the household contributions, parenting, and care that the deceased would have provided.

These damages aim to provide financial relief and acknowledgment of the emotional toll caused by the wrongful death.

Can Survivors Recover Punitive Damages in a Virginia Wrongful Death Case?

Punitive damages may be awarded in a Virginia wrongful death case, but only under specific circumstances. These damages are not meant to compensate survivors for their losses but rather to punish the wrongdoer and deter similar conduct in the future.

To recover punitive damages, the plaintiff must prove that the responsible party’s actions were particularly egregious, such as:

• Willful misconduct: Intentional harm or deliberate wrongdoing.
• Reckless or wanton conduct: Actions showing a disregard for the safety of others, such as drunk driving.

Punitive damages are rare and require clear and convincing evidence of the defendant’s behavior.

How Are Damages Distributed Among Beneficiaries in Virginia?

In Virginia, the distribution of damages in a wrongful death case is governed by the Wrongful Death Act, which outlines a priority system for beneficiaries. These individuals may include:

• Immediate family members: Spouse, children, and grandchildren of the deceased are given the highest priority
• Parents and siblings: If there is no surviving spouse, child, or grandchild, the deceased’s parents and siblings are next in line.
• Dependent relatives: If no higher-priority beneficiaries exist, other family members who were financially dependent on the deceased may also receive compensation.

The court ensures the damages are distributed equitably based on the beneficiaries’ relationships with the deceased and their losses.

What Factors Influence the Amount of Compensation Awarded?

Several factors can impact the amount of damages awarded in a wrongful death case in Virginia:

• The deceased’s age and earning potential: Younger individuals with significant earning potential often result in higher compensation for lost income.
• The beneficiaries’ dependence on the deceased: The financial and emotional reliance of beneficiaries plays a crucial role in determining damages.
• The circumstances of the death: Deaths caused by egregious negligence or misconduct may lead to higher compensation, particularly if punitive damages are awarded.
• Evidence of financial and emotional losses: Thorough documentation of economic losses (e.g., pay stubs, medical bills) and non-economic impacts (e.g., testimonies about the family’s grief) strengthens the case.

Each case is unique, and the total compensation depends on the specific circumstances surrounding the death.

How Can Your Personal Injury Law Firm Help?

At Shapiro, Washburn & Sharp, we understand that no amount of money will ever make up for the loss of your family member, but we also know that a wrongful death claim is often the only way a family will ever receive any justice for their loved one’s death.

Call 833-997-1774 today to schedule a free and confidential case evaluation with one of our dedicated wrongful death lawyers and find out what legal recourse you may have.