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Questions Answered by Kim Jones Penepacker
1 Answer | Asked in Wrongful Death for Texas on
Q: How do courts determine what a person’s future earnings would have been if he was still a student who hadn't made money?
Kim Jones Penepacker
Kim Jones Penepacker answered on Jun 21, 2018

Determinations of future earnings are generally based on evidence, witness testimony, and expert testimony, such as testimony from an economist. There are many factors that go into an evaluation of future earnings, and it can be difficult to determine for a young person or student who hasn't yet... Read more »

1 Answer | Asked in Civil Litigation, Libel & Slander and Personal Injury for Texas on
Q: How many years is considered a statue of limitations in the case of defamation?
Kim Jones Penepacker
Kim Jones Penepacker answered on Jun 21, 2018

Texas has a one year statute of limitations for defamation under the Texas Civil Practice and Remedies Code section 16.002. However, the one-year period depends on the date the cause of action "accrued," meaning the date the one-year clock started ticking. You should contact an attorney who... Read more »

1 Answer | Asked in Civil Rights, Car Accidents, Civil Litigation and Insurance Defense for Texas on
Q: I have been served papers for a civil lawsuit I gave copies to my past employer and insurance Co. What do I reply saying

I had gotten hit in my company van. my employer fired me shortly after the man hit my company vando to being a liability. I just got served papers. i know to give them a copy they signed for, and also my insurance company did also. the paperwork says to reply within 20 days. who and what am I... Read more »

Kim Jones Penepacker
Kim Jones Penepacker answered on Apr 5, 2018

As soon as possible, you should hire a personal injury defense attorney to assist you in filing an Answer with the Court. Failure to do so could result in a default judgment being entered against you, which would be a judgment in favor of the Plaintiff(s) that you would likely have to pay. A... Read more »

1 Answer | Asked in Wrongful Death for Missouri on
Q: can you sue a company 49 years later for wrongful death.father dies in a 1 car accident while drunk.

father worked at ab brewery in 1969.back then it was common practice to allow them to drink on the job he did that day and never made it home

Kim Jones Penepacker
Kim Jones Penepacker answered on Apr 3, 2018

Most likely the claim would be barred by the statute of limitations, but you should contact an attorney who practices personal injury law in Missouri to discuss this further.

1 Answer | Asked in Wrongful Death for Texas on
Q: If the state decides to bring a criminal charge against someone I wanted to sue for wrongful death, can I sue

simultaneously or do I have to wait until the criminal case ends?

Kim Jones Penepacker
Kim Jones Penepacker answered on Apr 2, 2018

If you are within the statute of limitations and the facts of the case permit a civil suit from the same event, then you can have simultaneous proceedings. You should contact a personal injury attorney in Texas to discuss the facts of your case.

2 Answers | Asked in Wrongful Death for Texas on
Q: I have a pending tort claim for a wrongful death. When do they have to notify me of a court date or of a settlement
Kim Jones Penepacker
Kim Jones Penepacker answered on Apr 2, 2018

If you have an attorney, I would ask him or her for an update on your case. If you do not have an attorney at this time, I would recommend that you hire a personal injury attorney to look into this matter for you. Also, if you know the Court the case is pending in, you may want to consider calling... Read more »

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