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Damages allowed in a Virginia (VA) wrongful death case

The following is the exact jury instruction used by personal injury lawyers in a Virginia Circuit Court for wrongful death lawsuits. The judge uses this damages instruction to tell the jury the law about what compensation the family whose loved one was killed may receive, itemizing the categories of loss.

If you find your verdict for the plaintiff, then in determining the damages to which he is entitled, you shall include, but are not limited to, any of the following which you believe by the greater weight of the evidence were caused by the negligence of the defendant as damages suffered by the beneficiaries:

(1) Any sorrow, mental anguish, and loss of solace suffered by the beneficiaries. Solace may include society, companionship, comfort, guidance, kindly offices, and advice of the decedent.
(2) Any reasonably expected loss in income of the decedent suffered by the beneficiaries; and
(3) Any reasonably expected loss of services, protection, care, and assistance which the decedent provided to the beneficiaries.
(4) Any expense for the care treatment, and hospitalization of the decedent incident to the injury resulting in his death; and
(5) Reasonable funeral expenses.

If you award damages under paragraphs (1), (2), and (3) above, you may distribute these damages among [between] (name of spouse, children, and children of the deceased child of decedent) or (names of surviving statutory beneficiaries).

If you award damages under (4) and (5) above, you shall specifically state the amount of damages for each.





About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and we have experience handling wrongful death cases. Our primary office in based in Virginia Beach, but we're ready to come to you anywhere in Virginia if you've been seriously hurt by someone else's carelessness. We are ready to talk to you right now and provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042.

Rick Shapiro and James Lewis were included among the "Best Lawyers in America" 2010 Edition, named Virginia "Super Lawyers" For Personal Injury Law  (2009, less than 5% of lawyers are chosen), and selected by the National Million Dollar Advocates Forum (2009). In addition, we were the first injury law firm in Virginia to join Primerus, a select group of highly ethical, respected law firms. Our firm has the highest rating of AV from Martindale-Hubbell, a national lawyer ranking organization, which means we have a reputation for preeminent legal skill.

Our injury attorneys also host an extensive injury law video library on Youtube . Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as a public information service.

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