Can a parent of a deceased individual bring a wrong death action

I'm very sorry for your family's loss.

The administrator of your brother-in-law's estate would be the person to bring the lawsuit on his behalf. His elevated bac and his walking on the highway would be considered contributing factors which could affect a recovery, but an attorney who has all of the information about this accident can advise of the best course of action. If you are unsure of how to find a personal injury attorney, you can do a search on AVVO for lawyers in your area.

I am sorry for your family's loss and offer my deepest condolences.

To answer your question, wrongful death statutes vary between states so you will need a KS attorney to provide specific information to positively answer your question. In TX, the heirs or estate representative for the deceased and certain statutory family members can bring a survival and wrongful death claims arising from the death of a family member. In TX, certain statutorily defined family members including a parent, divorced parent, and/or adoptive parent generally can bring a wrongful death claim for their loss, but generally a stepparent, foster parent, or grandparent cannot bring a wrongful death claim.

In TX, the bac information would only be relevant to whether there was any comparative negligence on the part of the deceased. In TX, it would not automatically bar the claim unless the jury or trier of fact determined the decedent was more than 50% at fault in causing the death.

KS law may differ significantly from the foregoing so it is advisable to seek more specific advice from a KS attorney.