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My father was injured and died at work. He had no surviving spouse. Who is entitled to sue the company?

Houston, TX |

My sibling and myself have filed a lawsuit against the company. We have recently found out that my grandmother, my father's mom, have filed a lawsuit as well. Is she entitled to sue?

Attorney Answers 7

  1. The first question is whether your father's employer was a Workers' Compensation subscriber. If so, there is likely a complete bar to a lawsuit. If not, the people who could sue would be defined by the Texas wrongful death statute, And would include his surviving spouse, children or parents. If the death occurred out-of-state, this analysis could be different. I encourage you to contact an attorney to discuss your case.

    Medical malpractice cases are complex and I believe that clients are best served by contacting an experienced medical malpractice attorney. After all, results matter! You are welcome to contact me at 281-580-8800 or This Avvo comment does not create an attorney-client relationship and is for informational purposes only.

  2. You should talk to a workers comp atty. I dont know Texas law, but deaths at work are covered by workers comp rules. If he died because of some third party acts (like he was in a company car and someone other than a coemployee was driving negligently and crashed into him ), then you likely have a case against the 3d party. State law will set forth who has standing to bring such a claim. Get a lawyer asap.

  3. It sounds like you already have an attorney if suit has been filed on your behalf. As such, you should consult your attorney fir matters pertaining to this particular case. If you do not have an attorney, you should probably hire one to represent your interests.

    With regard to your question concerning your grandmother--both parents and children of a deceased person can have claims for damages as a result of the familial relationship. Your father's estate may also have claims against the defendant. If you have not done so, you should take steps to have an administrator appointed over your father's estate to prosecute the claims on his behalf (if he died without a will).

    This answer does not create an attorney-client relationship for purposes of representation, privileged communication, liability, or otherwise. This statement was based on general assumptions that may not apply to the specific facts of your case, so it is not advisable to act upon this response without further discussion. If you would like to explore this matter further, please contact Mr. Ivy through the contact information provided in his profile, or visit his law firm's website:

  4. The parties who may sue are defined in the state's wrongful death statute.

    Only 29% Contingency Fee! Phone: 215-510-6755

  5. Each state undertakes to specify who is entitled to make a claim for wrongful death. The heirs you describe would typically be included in that group. The state that is the proper forum for the lawsuit will control. Experienced lawyers in that state should be consulted right away.

    Best regards,
    James Heiting

  6. Since you have already filed suit against the company, I will assume that you have an attorney representing you and your sibling. It is not conducive to good attorney-client relationships to solicit the advice of other attorneys when you are currently represented.

    Your attorney will know more about your case and the applicable law and you should consult him/her about it. Your question is not a complex one and is easy to answer by any attorney familiar with wrongful death and/or workers' compensation.

    My recommendation is to keep your legal questions private and confidential between you and your attorney; if your attorney finds out that you are seeking legal advice elsewhere, then you could potentially find that your attorney no longer wishes to represent you as you apparently do not trust his/her advice and he/she would be justified in withdrawing from representing you.

    If you and your sibling are representing yourselves, then soliciting advice from attorneys online is not going help you win your case as any wrongful death case has challenging proof issues that take an experienced trial attorney to put together; successfully enter it into evidence at trial; and, to combat the defense attorney's tactics.

    Whether you are represented by counsel or not, it is my opinion that your request for legal advice to this forum is either inappropriate [if represented] or misguided [if representing yourself and using this as an aid to your self-representation]. In 37 years of practice, I have not witnessed any plaintiff pro se party win a wrongful death case.

    My recommendation is solely meant to prevent you potentially doing harm to your own cause of action that you have described as pending. Either speak to your own attorney and listen to his advice; or, hire an attorney to represent you and your sibling. That is the only way I can foresee your having any chance of being successful in your lawsuit.

  7. I agree with my learned colleagues.
    Justin Hill

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