Was he married? Did he have chilfldren? You may be able to be appointed executor his estate for purposes of filing suit. Was your brother at fault or was the logging company at fault?
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I am sorry for your loss.
The answer to your question is: it depends. If your brother has a spouse, she has the primary right to bring a wrongful death lawsuit. If your brother does not have a spouse but has adult children, they would have the right to bring a wrongful death lawsuit. If your brother has neither a spouse or adult children then his parents have the right to bring suit. If your brother has neither a spouse, adult children or surviving parents, then you or your other sibling would have the right.
Recovery in such a case (assuming that it is demonstrated that the wreck was the fault of the logging company) includes not only funeral expenses but also any medical expenses as well as compensation for the "pecuniary value of life." The pecuniary value of life takes into account future earnings and the impact of the death on certain members of the family.
This is the type of situation where the person who has the right to bring suit for wrongful death would benefit from talking with a lawyer. Most experienced wrongful death lawyers will give a free initial consultation and if employed will work on a no-recovery, no fee basis.
Doctors cannot diagnose diseases over the Internet, and lawyers can rarely determine someone's legal rights and responsibilities over the Internet. Lawyers who answer questions in this type of forum do so with the hope of providing basic education, not providing the advice and guidance one would get after a true legal consultation. Thus, please use my responses only as a way to help you gather information and ask better questions of the lawyer you employ to help you in your legal matter. Licensed only in Tennessee.
Yes. Talk to a TN licensed attorney immediately. Sorry for your loss.
Please note that I am licensed to practice in Indiana, North Carolina and Arizona. This communication does not establish an attorney client relationship until a contingency fee agreement is entered. Please contact an attorney of your choosing to answer your legal questions.
That’s awful. I’m sorry that happened to your brother. Whether the logging company has liability depends on who was found at fault for the wreck. If they caused the wreck then they will be responsible for funeral costs, loss of life, loss of wages and all other damages from the wreck including property damages. Your family needs to consult with an attorney about the case as soon as possible. Please let me know if I can answer any questions for you.
As the prior attorneys have told you, the answer depends on who was at fault in the accident and if your brother left behind a spouse or children. Tennessee law (assuming that's where the accident occurred) gives you one year from the date of the accident to either settle with the trucking company and their insurance company or file suit. If you wait beyond the one year date the claim may likely be barred by the statute of limitations. Speak to a personal injury attorney to see if you have the ability to file the claim.
Nothing in this communication should be construed as creating an attorney-client relationship. I provide this service for educational purposes only. I will take no action on your behalf unless you have hired me and a written retainer agreement is signed. I am licensed only in Tennessee and I strongly suggest you consult with an attorney in your city and state as Statute of Limitation deadlines can limit your recovery.
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