Virginia lets a family recover sorrow, mental anguish and solace, loss of income and services, and funeral expenses, with punitive damages for willful or wanton conduct. A malpractice death is capped at $2.75 million in total for 2026-27. You have two years.
Enter the economic and solace damages, pick the claim type, and answer the fault questions.
Virginia's wrongful death damages statute, Va. Code 8.01-52, lists sorrow, mental anguish and solace, loss of income and services, expenses and funeral costs, and punitive damages for willful or wanton conduct.
The personal representative must sue within two years after the death, and the award is distributed under Va. Code 8.01-53.
A local personal injury attorney can review your claim — many offer a free consultation.
This is an estimate for general guidance only and is not legal advice. Figures are based on the cited Virginia statutes. Confirm how these rules apply to your specific case with a licensed Virginia attorney.