HOW COULD MY MOM (SISTER OF A WRONGFUL DEATH ) FILE A LAWSUIT IF SOMEONE THAT CLAIMS TO BE HIS DAUGHTER HAS FILED IT Already?

Mr. Braus is correct. If your mom is the representative of the estate or is next kin, she could file a lawsuit

A spouse, parent or child may bring a lawsuit until the wrongful death statute.

Each state governs who can claim under the wrongful death statutes. The answers you have received point out that Texas allows only the three categories. I suppose anybody can file a lawsuit, but the statutes govern which lawsuits will carry validity and will withstand motions to dismiss and the like.

I am a little confused by your explanation of the facts: I am not clear on the relationship between the deceased person and the person bringing the lawsuit. As other attorneys have stated, there is a very small pool of people in Texas who have the legal right to bring a wrongful death claim: spouses, children and parents. Perhaps the person you are asking about brought suit as a representative of the estate of the deceased for a survival claim. A survival claim is different from a wrongful death claim. A survival claim allows for recovery of money damages for the conscious pain and suffering of the deceased before they died, medical and funeral expenses and pain and punitive damages. If you have concerns about whether the person bringing the suit really has legal authority to do so, set up a consultation with an experienced personal injury attorney.

Since your mother is not the spouse, parent or child of the decedent, she cannot pursue her individual claims for the wrongful death of her brother. However, she could possibly pursue claims on behalf of her brother's estate as the representative of the estate. The individual claiming to be the daughter will be required to prove her relationship to your uncle during the litigation in order to establish that she is entitled to pursue wrongful death claims in her individual capacity. Good luck

Your mother should arrange an appointment with the attorney bringing the wrongful death claim and find out how this person became involved and was appointed to represent the estate. If your mother is not satisfied with the answers she receives, I suggest that your mother retain a probate attorney to challenge the appointment of this person who you claim is not a relative of the decedent. Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

In Texas, the surviving spouse, the parents or any children of the deceased are allowed to bring a wrongful death lawsuit.

The only people who can make a wrongful death claim under Texas law are a spouse, a parent, or a child. The fact that there is already a suit filed does not preclude someone else who qualifies from bringing a claim. However, a sibling cannot bring a wrongful death claim. A survival claim is different and that belongs to the deceased. Anyone who is representing the deceased estate can bring a survival action. I would recommend speaking to a personal injury attorney to see what your options are.

Your mom (the sister of the deceased) isn't entitled to bring a wrongful death lawsuit because the only people that are entitled to do so are the surviving spouse, children and parents of the deceased under Texas law.

Only a parent, child or spouse has standing to sue.