Also, while we're happy to try to profit of our misfortunes, death is a tricky one. For someone that just lost a son, a legal battle in which reliving their son's death daily for an extended period of time is not always ideal.
My brother died a few years ago in an accident in which he was hit by a car. It was a convoluted situation so I'll spare you the details, but we were advised that there was some chance of "winning" some money if we pursued things legally. That was the last thing my family felt like doing, especially when it was much more "accident" than the fault of any particular person/entity (even if we could feasibly make a court place the blame on said person/entity)