If your loved one has been killed by the actions of another third party, then you may pursue wrongful death damages against the offending party. This is different from accusing the person of murder and prosecuting them so that they are punished for their actions. Here are the major differences between wrongful death and murder cases:
Type of Legal Action
A wrongful death action is a civil lawsuit that is handled in a civil court.
If you have filed a workers compensation case for injuries you sustained on the job, your case may be nearing resolution when a doctor declares that you are permanent and stationary. Once you are declared permanent and stationary, your workers compensation doctor will determine how much permanent disability you have, if any, and what future medical needs you may have. Based on this information, the insurance company may offer you a settlement agreement or a stipulation agreement.
There are some situations that can't be prevented in life, such as getting into an auto accident at the fault of another driver. The worst thing about getting into an accident is that it can leave you badly injured and stuck with numerous medical bills. The only way to get out of being held liable for your own medical bills is to prove that you didn't cause the accident. Even if you are not guilty in such a situation, the other driver can still say that you caused the accident.
If someone dies as the result of another person's negligence or even criminal actions, close surviving relatives or the victim's estate can often file a wrongful death claim. However, there's often a separate -- although closely connected --claim that can be filed as well. It's known as a survival action.
Learn more about these two types of lawsuits that survivors can bring and how they are different.
Wrongful Death and Survival Actions Often Go Together
When you find yourself in a position of being hurt on the job and you are not able to return to work for a while, it is imperative that you take the time to file for workers compensation. This way, you will be able to receive some income during the time that you have to take off from work while you heal. After all, it's not your fault that you became hurt on the job.