It depends on what family members have survived your brother.  The family members who have the first right to sue for damages are the spouse, children and parents of the deceased. If your brother had no spouse AND no children AND his parents are both dead, then you, as his brother, would have a right to sue.  However, if your brother has even one of the above (a spouse, a child, or a living parent), then you do not have a right to sue for damages. Section 537.080 RSMo. sets out the order in which relatives have the right to sue.