What Are 'Survival Statutes' In A Wrongful Death Claim?

5372 views • Jul 26, 2017

What is the difference between murder and wrongful death? Murder is a criminal term that involves criminal implications when someone wrongly takes the life of another. Murder is a crime that has severe penalties. It exists wholly independent of civil courts. A case for murder may also have a civil action against the violator for wrongful death, it may not. The two are not inextricably joined. Sadly, it is often the case that the murderer has no assets to go after if he has been convicted of murder. What are "survival statues"? http://wrongfuldeathattorney.ehlinela... A survival statute is when a party is injured and during the course of his suit being litigated he or she dies, but the statute provides that a survivor of the decedent can carry on the suit. For example, husband is injected with a slow poison and has two months to live and he files his suit but dies. IF a survival statute is in place, the widow will be able to carry on the action against whomever injected her spouse.