Will she be able to file a civil suit?
yeah.
You can always file a civil suit.
Just has to hope that the driver had insurance...
...or enough crap that she can take some of it away from him (unlikely if he doesnt have insurance)
Why, will the insurance bring back her son?
Then who cares.
If it was my kid, I wouldn't give a shit about getting money. What's done is done, and nothing will bring him back.
I'm pretty sure you'd take the money if you were put in the situation.
Also, such a tragedy would likely put one into a severe depression, preventing him/her from being able to work and therefore preventing him/her from earning money that he/she ordinarily would have earned. Therefore it makes sense that this person should receive financial assistance, and that there is nothing insensible about asking for it.
It's not a question of whether the money will bring back her son. That argument applied to justice is totally fallacious. Should the driver not be imprisoned because that wouldn't bring back the victim? There are other things to consider.