Who is permitted to bring it
Every state limits this. Often the claim is brought by the personal representative of the estate on behalf of specific family members. Sometimes an estate has to be opened first, which takes time that is easier to find early.
What the claim covers
This varies, and commonly includes financial support and services the person would have provided, funeral and medical expenses, and losses that are personal rather than financial. Some states treat the estate’s claim and the family’s claim separately.
A criminal case does not have to finish first
A civil claim proceeds on its own and uses a lower standard of proof. Waiting for a criminal matter to conclude can cost the family time it does not have.
The evidence work is the same
Scene evidence, vehicle or equipment data, records, and witnesses all have the same shelf life they do in any serious case, at a time when no family should have to think about it.
