What are the 5 types of damages in a Virginia wrongful death case?

Virginia law provides five categories of wrongful death damages under Virginia Code § 8.01-50: (1) Sorrow, mental anguish, and loss of companionship - compensation for grief and loss of the deceased's society, guidance, comfort, and support; (2) Lost income the deceased would have provided - including wages, benefits, and financial support over their expected work life; (3) Lost services, care, and assistance - the value of household tasks, childcare, and other services the deceased performed; (4) Medical bills from the injury that caused death - all reasonable medical expenses incurred before death; and (5) Reasonable funeral and burial expenses.

Who receives the money from a wrongful death settlement in Virginia?

Under Virginia Code § 8.01-53, wrongful death damages are distributed to statutory beneficiaries in a specific order: first to the surviving spouse and children of the deceased; if there is no spouse or children, then to the deceased's parents; if there are no parents, then to siblings and their descendants. The personal representative of the estate files the lawsuit and holds any recovery in trust for these beneficiaries. The personal representative cannot keep the damages but must distribute them according to Virginia law.

What counts as noneconomic damages in a wrongful death case?

Noneconomic damages in Virginia wrongful death cases include two categories: (1) Sorrow, mental anguish, and loss of solace - compensation for the grief, emotional pain, and loss of companionship caused by the death, including the loss of the deceased's society, guidance, comfort, kindly offices, and advice; and (2) Lost services, protection, care, and assistance - the value of household tasks, childcare, home maintenance, financial management, emotional support, and mentoring the deceased provided to family members. These damages recognize losses that cannot be measured on a receipt but represent the most devastating aspects of losing a loved one.

How do insurance companies try to reduce wrongful death damages?

Insurance companies use several tactics to reduce wrongful death damages: (1) They challenge whether medical charges were 'reasonable' by comparing hospital bills to other facilities or claiming treatments weren't medically necessary; (2) They question lost income calculations by arguing the deceased might have lost their job, gotten sick, or received smaller raises than projected; (3) They dispute funeral expenses by claiming certain costs like receptions or upgraded services weren't 'customary'; (4) They minimize noneconomic damages by focusing on any strained aspects of relationships, arguing money won't bring the person back, or claiming the losses aren't quantifiable and therefore have minimal value.

What medical expenses can be recovered in a wrongful death case?

You can recover all reasonable medical expenses related to the injury that caused death, including: emergency transport via ambulance or helicopter, emergency room treatment, hospital stays and intensive care unit (ICU) costs, surgery and medical procedures, medications, and rehabilitation if the deceased survived initially before dying from complications. These must be expenses incurred before death. Insurance companies often challenge these by claiming charges were unreasonable or not customary compared to other medical providers, but families don't have the luxury of shopping for the cheapest care when a loved one is dying.

Are funeral expenses limited in Virginia wrongful death cases?

Virginia law allows recovery of 'reasonable funeral expenses,' which typically include funeral home services, casket or cremation costs, burial plot and headstone, memorial service expenses, death certificates, flowers, and obituaries. The average funeral in Virginia costs $7,000-12,000, though many families spend more to properly honor their loved one. Insurance companies may contest expenses they claim exceed customary charges, such as receptions after the funeral, upgraded caskets, or expensive headstones. However, families have the right to decide how to honor their loved one, and as long as expenses are documented and within the typical range, they should be recoverable.

How is lost income calculated in wrongful death cases?

Lost income calculations in wrongful death cases consider: the deceased's recent earnings history from pay stubs, tax returns, and employment contracts; their work-life expectancy based on their age, health, and occupation; likely raises and promotions based on performance reviews and industry standards; employment benefits including health insurance, retirement contributions, stock options, and other compensation; and for self-employed individuals, business income and growth projections. Economic experts typically perform these calculations using actuarial tables and industry data. Insurance companies challenge these projections by questioning the deceased's employability, claiming they might have lost their job or become disabled, or arguing the raises projected are too optimistic.

What if my family had a difficult relationship with the deceased?

Even strained or complicated relationships have value in wrongful death cases. Perhaps you and the deceased needed to reconcile but never got the chance before their death - that loss of closure creates lasting pain and represents a real loss. The sudden death may have prevented healing that could have occurred. Experienced wrongful death attorneys work to understand your specific relationship, including its complexity, the missed opportunities for reconciliation, and the emotional burden of unresolved issues, to properly present your loss to a jury. Every relationship - even difficult ones - involves loss when death occurs, and Virginia law recognizes that families deserve compensation for those losses.

What Damages Can You Recover in a Virginia Wrongful Death Case?

Reviewed by Robert E. Byrne, Jr. | Updated December 27, 2025

Imagine this: Your husband was killed in a truck accident three months ago. You’re drowning in medical bills from his five days in the ICU. The funeral cost $12,000. You have two kids in school and you just lost your family’s primary income. And worst of all? You lost your partner, your kids lost their father, and nothing can replace that.

You know the truck driver was at fault. But what can you actually recover?

Here’s what many families don’t realize: Virginia law provides five separate categories of compensation in wrongful death cases — and insurance companies fight hardest against the damages that matter most.

The 5 Types of Wrongful Death Damages Under Virginia Law

Under Virginia Code § 8.01-50, your family can recover damages in five distinct categories. Two are easy to calculate. Three are harder to prove — and more valuable than you might think.

1. Sorrow, Mental Anguish, and Loss of Companionship (Noneconomic Damages)

This is the loss that keeps you up at night.

Virginia law allows you to recover for “sorrow, mental anguish, and solace.” What does that actually mean? It includes compensation for losing:

Companionship — The person you shared your life with is gone
Guidance — Advice, wisdom, and perspective you’ll never receive again
Comfort — The emotional support they provided
Society — Simply being together, shared experiences, family time

Here’s what matters: This isn’t about what your loved one earned or what services they provided. This is about the immeasurable value of human connection — and it’s often the largest component of wrongful death damages.

Real Example: When Noneconomic Damages Matter Most

In one case, we represented a woman whose 68-year-old husband died in a car accident. The insurance company argued his “economic value” was minimal because he was retired.

But here’s what they missed: This couple had been married 42 years. He was her best friend, her companion, her support system. They traveled together, gardened together, saw their grandchildren together. She lost all of that.

We convinced two insurance companies to pay the entire policy limits of two different insurance policies. That provided substantial damages for her sorrow and loss of companionship — because human relationships aren’t measured on a balance sheet.

2. Lost Income and Financial Support (Economic Damages)

If your loved one provided financial support to your family, you can recover the income you’ll lose over the years ahead.

This includes:

Wages and salary they would have earned
Raises and promotions they likely would have received
Benefits like health insurance, retirement contributions, stock options
Self-employment income from a business they operated

How we calculate this: We work with economists who analyze your loved one’s work history, earning potential, and how long they would have continued working. For a 40-year-old professional who would have worked another 25 years, this can amount to millions of dollars.

What Insurance Companies Do to Fight This

They’ll argue:

“He might have lost his job”
“She might have gotten sick and stopped working”
“The raises you’re projecting are too aggressive”
“He would have spent some of that income on himself, not just supporting the family”

Our response: We gather employment records, performance reviews, industry data, and expert testimony to prove what your loved one would have earned. We don’t let speculation reduce what your family deserves.

3. Lost Services, Care, and Assistance (Noneconomic Damages)

This is compensation for all the things your loved one did that can’t be measured in dollars — but that cost money to replace.

Think about everything they provided:

Childcare — Who watches the kids now?
Household maintenance — Repairs, yard work, home improvements
Cooking and meal planning – A huge part of everyday life
Transportation — Driving kids to activities, running errands
Financial management — Handling bills, taxes, investments
Emotional support and mentoring for children

Ask yourself: What would it cost to hire someone to do all these things? That’s part of what this category compensates.

How This Works in Practice

A father of three died in a motorcycle accident. He wasn’t the primary breadwinner — his wife earned more. But he was the one who:

Got the kids ready for school every morning
Coached their soccer teams
Helped with homework every night
Did all the home repairs and yard maintenance
Managed the family’s finances

The defense argued these services had minimal value. We showed the jury what it would cost to replace them: before-school childcare, tutors, housekeepers, handymen, a financial advisor. The value added up quickly.

4. Medical Expenses (Economic Damages)

You can recover all medical costs related to the injury that caused your loved one’s death. This includes:

Emergency transport — Ambulance or helicopter
Emergency room treatment – All expenses for emergency care
Hospital stays — Including ICU care
Surgery and procedures – All lifesaving and necessary efforts
Medications – Prescriptions and over-the-counter
Rehabilitation — If they survived initially before dying from complications

Important to understand: These must be expenses incurred before death. You’re recovering the costs the estate had to pay for treatment that ultimately didn’t save your loved one’s life.

How Insurance Companies Challenge Medical Bills

They claim the charges were “unreasonable” or “not customary.” For example:

“That hospital charges more than others in the area”
“That procedure wasn’t medically necessary”
“The treatment was too aggressive given the prognosis”

Why this insurance company argument is wrong: When someone you love is dying, you don’t shop around for the cheapest hospital. You go where the ambulance takes you. You agree to the treatment doctors recommend. These bills are real, and they’re yours to pay.

5. Funeral and Burial Expenses (Economic Damages)

You can recover “reasonable funeral expenses,” which typically include:

Funeral home services
Casket or cremation
Burial plot and headstone
Memorial service costs
Death certificates
Flowers and obituary

The average funeral in Virginia costs $7,000-12,000. Many families spend more to properly honor their loved one.

Watch Out for This Defense Tactic About Funeral Expenses

Insurance companies sometimes argue that certain expenses weren’t “reasonable” or “customary”:

“The reception after the funeral shouldn’t count”
“You chose an expensive casket”
“That headstone cost too much”

Our position: You get to decide how to honor your family member. As long as expenses are documented and fall within the range of what families typically spend, you’re entitled to recover them.

For a legal consultation with a personal injury lawyer, call (434) 817-3100

Economic vs. Noneconomic Damages: What You Need to Understand

Here’s a critical distinction that affects how your case is valued:

Economic Damages (Categories 2, 4, and 5)

These are “pocketbook losses” — things with receipts, bills, and invoices. They include:

Lost income
Medical bills
Funeral expenses

Why these matter: They’re easier to prove with documentation. But insurance companies still fight them by claiming charges were unreasonable or projections are inflated.

Noneconomic Damages (Categories 1 and 3)

These compensate for losses that can’t be calculated on a spreadsheet:

Sorrow and mental anguish
Loss of companionship, guidance, comfort
Services and care your loved one provided

Why these matter more: These are usually your largest damages. And they’re often your most important damages — because the worst part of losing someone isn’t the money. It’s losing them.

Why Insurance Companies Undervalue Noneconomic Damages

Many attorneys — and almost all insurance companies — treat noneconomic damages as an afterthought. They’ll say things like:

“We can’t put a price on grief.”

“Money won’t bring them back.”

“The relationship wasn’t perfect.”

“You’ll move on eventually.”

These arguments are offensive and they’re wrong.

Here’s the truth: Every person’s life has enormous value. Not because of their job or their income. Because of the relationships they built, the love they gave, the guidance they provided, and the hole they leave behind.

When someone takes that away through negligence, Virginia law says there should be consequences. Real consequences. Not token damages that insurance companies hope you’ll accept because “at least it’s something.”

What to Do Right Now If You’ve Lost a Loved One

If your family member died because of someone else’s negligence, take these steps immediately:

1. Preserve Financial Records

Income documentation — Pay stubs, tax returns, employment contracts
Medical bills — Every bill from the injury until death
Funeral expenses — Receipts for everything

2. Document Your Loved One’s Role in Your Life

Write down or record:

Daily activities they handled
How they helped with childcare
Household tasks they performed
Guidance they provided
Your relationship — the good and the difficult

Why this matters: Memories fade. Six months from now, you won’t remember every detail of what they meant to your family. Document it now.

3. Don’t Talk to Insurance Companies Alone

The at-fault party’s insurance company will contact you quickly. They’ll seem sympathetic. They’ll offer a settlement “to help you avoid a long legal process.”

Do not accept their first offer. They’re hoping you don’t know what your case is worth. That “generous” offer is usually a fraction of true value.

4. Understand Virginia’s Wrongful Death Statute of Limitations

You have two years from the date of death to file a wrongful death lawsuit in Virginia. Miss this deadline and you lose the right to recover anything.

But don’t wait that long. Evidence disappears. Witnesses forget. Truck accident data gets deleted. The sooner you act, the stronger your case. For example, learn about the first 48 hours after a truck accident and how evidence will disappear if you do not act fast.

For complete information about filing requirements and deadlines, see our comprehensive guide to Virginia wrongful death lawsuits.

Special Considerations for Different Types of Wrongful Death Cases

Truck Accidents

If your loved one died in a commercial truck accident, additional factors affect damages:

Federal regulations violations by the trucking company can help win your case
Black box and telematics data showing driver negligence
Corporate liability beyond just the driver, with many potential defendants
Larger insurance policies (often $1 million or more)

Car Accidents

Death following car accidents are horrific and they occur too often.

Medical Malpractice

In medical malpractice wrongful death cases:

Virginia caps noneconomic damages at $2.70 million (as of 2025), per Va. Code § 8.01-581.15
Medical expenses before death may be substantial
Expert testimony is required to prove negligence

Product Liability

When a defective product causes death, you may have claims against:

The manufacturer
The distributor
The retailer

These cases often involve punitive damages in addition to the five categories above. Though punitive damages are capped in Virginia at $350,000 pursuant to Va. Code § 8.01-38.1.

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How We Value Your Case Differently

At MartinWren, P.C., we don’t use insurance company formulas to value wrongful death cases.

Instead, we:

Get to know your loved one — We want to understand who they were, what they meant to your family, and the specific ways their loss affects each beneficiary.
Document both economic and noneconomic losses — We work with economists for lost income, but we also spend time understanding the intangible losses that matter most.
Stand up to aggressive defense tactics — When insurance companies try to devalue your loved one’s life, we push back hard.
Prepare every case for trial — Most cases settle. But insurance companies only offer fair settlements when they know you’re ready to fight in court.

Frequently Asked Questions About Wrongful Death Damages

Who actually receives the money from a wrongful death settlement?

Under Virginia Code § 8.01-53, damages go to statutory beneficiaries: first to surviving spouse and children; if none, to parents; if none, to siblings and their descendants. The personal representative holds the money in trust for these beneficiaries. Learn more in our guide to Virginia wrongful death claims.

What if we had a difficult relationship with the deceased?

Even complicated relationships have value. Maybe you needed to reconcile but never got the chance. That loss of closure is real pain. We work to understand your specific situation and present it honestly to a jury.

Can we recover damages if the deceased was unemployed?

Yes. Even if they weren’t earning income, you can recover for services they provided, companionship they offered, and the guidance they gave. A stay-at-home parent who wasn’t earning a salary still provides enormous value to a family.

What if the deceased was elderly or retired?

Age doesn’t eliminate damages. While lost income may be lower, the noneconomic damages — companionship, guidance, care — are just as real for an elderly spouse or parent. We’ve recovered substantial damages for families who lost older loved ones.

How long do I have to file a wrongful death claim in Virginia?

Two years from the date of death, pursuant to Va. Code § 8.01-244. This deadline is strict — miss it and you lose your rights entirely. See our wrongful death lawsuit guide for complete timing requirements.

Will I have to pay taxes on a wrongful death settlement?

Generally no. Wrongful death damages compensating for personal injury or death are not taxable under federal law. However, interest earned on the settlement and punitive damages (if any) may be taxable. Consult a tax professional about your specific situation.

What if the at-fault party doesn’t have insurance or enough insurance?

You may be able to recover from:

Your own uninsured/underinsured motorist coverage
Multiple defendants (if more than one party was at fault)
The at-fault party’s personal assets

We investigate all possible sources of recovery.

Can children recover for loss of a parent?

Absolutely. Children are statutory beneficiaries who can recover for their sorrow, loss of guidance, and the care and support their parent would have provided throughout their lives. These damages can be substantial, especially for young children who lost decades of parenting. This can be awarded under Va. Code § 8.01-53.

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The Bottom Line: Your Family Deserves Full Compensation

Losing a family member is devastating. Fighting an insurance company while you’re grieving shouldn’t make it worse.

But here’s what you need to know: Insurance companies count on you not understanding what your case is worth. They’ll offer quick settlements that sound substantial but are actually a fraction of true value. They will downplay your noneconomic damages. They’ll nickel-and-dime your economic losses.

Don’t let them.

Virginia law provides five separate categories of wrongful death damages because the legislature understood something important: when negligence takes a life, the damages are multifaceted. Financial. Practical. Emotional. All of it matters. All of it deserves compensation.

What to Do Next

If you’ve lost a loved one due to someone else’s negligence:

Preserve all financial records — medical bills, funeral receipts, income documentation
Document your loved one’s role in your life — write it down before memories fade
Don’t sign anything from the insurance company without talking to an attorney first
Call us for a free consultation — (888) 775-8808

There’s no fee unless we win your case. And we’ll fight to make sure your family receives every dollar Virginia law provides.

Contact Virginia wrongful death attorney Robert E. Byrne, Jr. at (888) 775-8808 or fill out one of our contact forms or a free consultation.

Key Takeaways: Virginia Wrongful Death Damages

Five damage categories: Sorrow/loss, lost income, lost services, medical bills, funeral costs
Noneconomic damages are often largest: Don’t let insurance companies dismiss grief and loss of companionship
Economic damages need documentation: Preserve all bills and financial records immediately
Insurance companies will fight every category: You need an attorney who won’t back down
Two-year deadline: Act quickly to protect your rights
Beneficiaries are set by statute: Spouse/children first, then parents, then siblings

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About the Author

Robert E. Byrne, Jr. is a personal injury and wrongful death attorney at MartinWren, P.C. in Charlottesville, Virginia. He is Virginia’s only Board Certified Truck Accident Attorney through the National Board of Trial Advocacy and focuses his practice on catastrophic injury cases including wrongful death, truck accidents, traumatic brain injuries, and spinal cord injuries. Bob represents clients throughout Virginia and has recovered millions of dollars in compensation for families who have lost loved ones to negligence.