Can compensation be pursued on a presumption?

Dear Editor,

Following the BoI and damaging findings into the fishing boat mishap and the still missing three crew members, it was revealed that legal advice will be sought whether compensation can be sought from the company.

From a layperson perspective would this be prudent since the missing men have not been found or their bodies retrieved.  So their official status is: missing, presumed dead.  The question remains can compensation be pursued on a presumption? Shouldn’t some time elapse before the men are  declared officially dead and then the compensation process can be instituted? Just wondering.

Yours faithfully,
Shamshun Mohamed