Legal Question in Personal Injury in Texas

My brother recently passed away due to the negligence of someone else. We had the same father but different mothers. Since my father is already deceased and my brother did not have a wife or children, do my sister and I have the legal standing to file suit in Texas?


Asked on 4/23/12, 11:59 am

1 Answer from Attorneys

Sort of. This is a complex area, so I will do my best with the limited facts. There are several different causes of action in Texas in this situation. The first, wrongful death, is only available to parents, children and spouses. You do not have standing to bring that claim. The second, called survival, is the decedent's cause of action for personal injuries sustained pre-mortem. Because you are an heir (siblings of the half blood are considered 1/2 heirs) you may have standing to open an estate administration and bring a suit about that way.

I would need more facts to give you a better answer.

Dave

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Answered on 4/23/12, 12:22 pm


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