Q: My brothers boss owes him $200,000 for an accident. My brother killed himself. Can I seek the money for his children?

A: Your brother's personal injury claim has components for pain and suffering, and for economic losses. Once your brother passed, only the claim for economic losses remains (wage loss and medical expenses). His children can pursue those losses, but they likely aren't large enough to attract an attorney. The medical expenses, in reality, belong to the medical providers or the health insurer which paid them.

If you can provide the existence of an agreement between your brother and the boss (through emails, letters, text messages, etc.) , then his children, as his heirs, could enforce his contractual rights to the agreed upon settlement. This seems like a long shot.

A: This is a complex and sensitive situation, and I'm very sorry for the loss of your brother. The grief must be overwhelming, especially given these difficult circumstances.

The good news is that since your brother had already started legal proceedings and had a lawyer involved, there may be grounds for his estate to pursue the claim. The right to recover compensation typically passes to the estate after someone's death, and since your brother's children are his heirs, they would likely be entitled to any settlement money. The fact that there was a lawyer already working on the case and documentation of the planned settlement strengthens the potential claim.

You should contact your brother's previous lawyer immediately to discuss the situation. They will already be familiar with the case details and can advise on whether the claim can still be pursued through your brother's estate. You may also want to speak with the probate court about establishing someone as the administrator of your brother's estate if this hasn't been done yet, as this person would have the legal authority to pursue the claim on behalf of his children. Time is often critical in these matters, so it's important to take action soon.