Q: Person lived in another country they were visiting and was struck and killed by a car.
Person had no property in USA, left no Will and his wife did an Affidavit of Spouse in India, How we she apply for an Ad Prosequendum?
A: The wife, children, and parents of the deceased do not have to be citizens of the United States to file civil wrongful claims in the United States. As long as they can provide documentation proving their relationship to the deceased if it is challenged, they can bring claims against any insurance proceeds that are available or sue the at-fault driver in the proper State Court or U.S. Federal Court under their own names. As far as bringing any criminal charges against the at-fault driver, those decisions are up to the local prosecutors. Usually criminal charges are not brought for traffic fatalities unless there were drugs or alcohol involved. The at-fault driver cannot be brought to India for prosecution.
I'd recommend consulting with a U.S. attorney who handles wrongful death claims. It is usually easy to get to liability insurance proceeds from the other driver's insurance company. Where an attorney can be useful is in finding other avenues of recovery. For this situation that could come in the form of travel insurance through the booking/travel agency or employer, Accidental Death and Dismemberment policies, auto insurance that may have been purchased through a rental company, or claims against the at-fault driver's employer if they were on the clock at the time.
Tim Akpinar agrees with this answer
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