What are my rights if someone in my family was killed in a car accident? Accidents involving death are particularly difficult or can be, if someone dies in an accident, the family members are able to carry forward their claim and they do have rights. The first thing is an estate has to be raised by a representative if the person who died left a will that would generally name whoever was going to act as the personal representative either executor or executrices. If they died in intestate as is without a will then the personal representative takes out letters of administration at the register of wills office. They have the ability to proceed with the claim on behalf of the state of decedant and again in that case their damages would consist of conscious pain and suffering and the future lost wages and the other damages that they might have but the claim has to be brought within two years of the date of the accidents and the beneficiaries are the decedants heirs, wife, children, brothers, sister, parents.