How is wrongful death by criminal act different from wrongful death by negligence?

Wrongful death by criminal act is different from wrongful death by negligence in California because criminal wrongful death is a criminal offense that can be punished by law, while wrongful death by negligence is a civil action. In California, wrongful death by criminal act, or “homicide,” occurs when a person is killed due to the intentional, and often malicious, acts of another person. When this happens, the criminal perpetrator can be charged with a crime, such as murder or manslaughter, and can face criminal prosecution, jail time, and fines. Wrongful death by negligence, on the other hand, is a civil action in which the party who caused the death is held liable in a court of law for damages to the person(s) affected by the death. This type of wrongful death is usually the result of carelessness, recklessness, or a breach of duty. To succeed in a wrongful death by negligence case, the injured party must prove that the defendant’s careless or reckless behavior caused the death. In California, wrongful death by criminal act is far more serious than wrongful death by negligence because of the greater potential punishments that come with criminal acts such as imprisonment, fines, and even the death penalty. Wrongful death by negligence is more common, though, and typically results in the award of monetary damages.

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How is wrongful death by criminal act different from wrongful death by negligence?

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