I think this claim will get squashed. First of all, the plane wasn't even legal to fly since it didn't have the required annual inspection. Secondly, the pilot and plane wasn't IFR certified and he flew into IMC conditions.
Just read that the family of the 3 passengers that were killed in N1839X over Gatlinburg filed a claim against the FAA saying ATC didn't do enough to save them. Firstcoastnews.com has the story.