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May 16, 2008

 

Wrongful Death Claim in Noel Case

Under Kentucky law, a wrongful death has occurred if someone causes the death of another due to negligence, recklessness, or lack of skill. Wrongful death claims are pursued through the civil court system, as opposed to the criminal justice system. It is possible for a person to be tried for a criminal charge of first or second degree murder or manslaughter, and also be tried under civil laws for financial damages caused by wrongful death.

Wrongful deaths usually occur as a result of an unintended and tragic accident. Some of the most common causes occur through drunk driving, reckless driving, institutional abuse, medical negligence or malpractice, defective products or machinery, workplace accidents, premises liability or physical assaults.

The Noel case is a prime example of loved ones being taken from their families in a tragic, untimely, and preventable accident. Noel was attempting to pass the vehicle in front of him, but instead caused a high speed head-on collision with the car that was carrying Stephanie Kirk. Jessica Wilcox was riding with Noel at the time. Both Kirk and Wilcox were killed as a result of Noel negligent and reckless driving.

Noel had been indicted on two counts of wanton murder by a Livingston County grand jury in December 2005. A wanton murder conviction carries up to a life sentence, with parole not possible until 85 percent of the sentence is served. As part of the plea agreement, Noel pleaded guilty to two counts of the lesser charge of second-degree manslaughter, and was sentenced to 7 1/2 years on each count to run consecutively for a 15-year sentence. Manslaughter carries a sentence of up to 20 years with parole eligibility after four years.

The Kirk and Wilcox families are outraged by the lenient sentencing Noel received. This is where an attorney such as Daryl T. Dixon may be helpful in easing the anger and suffering of families who have experienced loss. A wrongful death claim, praying for punitive damages, will be an addition to Noel’s punishment. No amount of money will return a lost loved one; however, punitive damages are designed so that they may punish the accused in hopes of deterring future bad behavior.

Read New Article here:
http://www.daryltdixonlaw.com/news.cfm?id=2254

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