What is the difference between a wrongful death case and murder?
Essentially, to hold the defendant guilty for murder, the prosecutors have to prove that s/he took the deceased’s life intentionally. Murder arising as a result of negligence is typically prosecuted as manslaughter. For instance, death from a careless car accident may not qualify to be filed as a murder case. A murder or manslaughter proceeding is different and independent of a wrongful death case. This implies that the outcome of one case does not impact that of another. A person being acquitted for murder/manslaughter can be simultaneously acquitted for wrongful death in a civil court. Therefore, a wrongful death action is taken to not prove the defendant guilty and punish him/her, but to obtain compensation for the loss. back to top.
