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 North Carolina in a few key ways. First, wrongful death by criminal act is typically caused by the deliberate or criminal actions of another person, such as intentional murder or manslaughter. In a wrongful death suit, the victim’s family may pursue a civil suit to hold the criminal liable for the death. Second, wrongful death by negligence is when another party’s negligence, such as careless driving or medical malpractice, causes the death of someone else. In a wrongful death suit, the victim’s family may pursue a civil suit to hold the negligent party responsible for the death. Although the basic premise of each type of wrongful death is the same – the death of a person caused by the wrongful action of another – the legal processes and outcomes of a lawsuit depend on who is responsible for the death. In North Carolina, a wrongful death lawsuit must be brought within two years of the death. If the death was caused by criminal action, the responsible person may be held criminally liable in addition to being held civilly liable in a wrongful death suit. On the other hand, if the death was caused by negligence, the negligent party is likely to only be held liable in a wrongful death lawsuit.

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

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