My mother was killed in an automobile accident involving a drunk driver. I want to sue the driver for wrongful death, but my siblings do not. My father passed away before my mother. Can I still seek justice for my mother’s death?

As your mother’s next of kin, you can still bring an action against the drunk driver that took your mother’s life. Normally, the executor of the deceased’s estate will file the claim on your behalf. The law does not require that all surviving descendants participate in the action. Any proceeds from the action will be distributed among your mother’s beneficiaries under the laws of intestate succession.

After administrative expenses, any proceeds from the lawsuit will be divided equally among you and your siblings. For example, if you have two siblings, each one of you will receive one-third of the proceeds. The exception to this general rule would occur if either of your siblings legally waived their rights to any award or settlement. Also, if one of your siblings predeceased your mother, their children would inherit their parent’s share of the recovery.

If you think that the death of your loved one is the result of the negligence of another, contact an experienced wrongful death attorney today. You only have a limited amount of time in which to file a lawsuit for wrongful death, so it is important not to wait.