For purposes of a wrongful death claim, the existence of a will by the deceased family member is not very important.
If your family member did not leave any will, that will have absolutely no impact on your wrongful death claim. You can claim everything that can be claimed under the wrongful death laws.
If your family member did leave a will, your surviving family members can make all the normal wrongful death claims. The only difference is, if there is a will, that potentially will have an impact on how the compensation from the lawsuit is divided among the family members.
If you have questions on this topic, contact us and our attorneys will help you.