You can file a wrongful death lawsuit whether or not the deceased had a will. A wrongful death lawsuit provides compensation to certain family members for damages that resulted from the deceased’s death. This is typically separate from how the deceased’s belongings and assets are distributed after their death. A recent Gallup poll shows that slightly more than half of all adults in the U.S. do not have a will. The reality is that some people pass away due to a wrongful death without a will. An attorney can answer any questions you have about how a wrongful death settlement could impact the deceased’s estate.