My brother passed before case was done.

Did your brother pass away as a result of the incident causing him injury, or due to unrelated reasons? If he died as a result of the incident, his claim would now be treated as a wrongful death case, and an estate would need to be opened for him to have a personal representative appointed. The personal representative would be the named plaintiff in the case suing on behalf of your brother's estate and survivors like his son. If your brother died for reasons unrelated to the incident, a case could still be brought on his behalf, but it would be called a survival action. This basically means that if someone had a case at the time they died, the case survives their death. Finally, whether or not you can bring a case will depend on whether the statute of limitations has passed, and whether other defenses (like workers' compensation immunity) would apply. If your brother didn't have a lawyer already, you should talk to one who specializes in personal injury or wrongful death cases.

If your brother had an attorney for his case prior to passing, I would reach out to the attorney to find out status. If it is in litigation, then you may be able to substitute the personal representative of the Estate to act on his behalf.