The lodging of a claim will come almost a year after a damning report from the Independent Police Conduct Authority, which criticised police actions over Naitoko's death.
Fuimaono-Teputepu said the family courier business lost three contracts worth $20,000 a month shortly after the death and had limped along until liquidating the company recently.
"We have not only lost our son but we have lost our business. You know our boys have left school but they are scared, they don't want to go out to work. They said, 'We don't want to drive any more because we might get killed on the road'."
She used to drive a lot with her son and found the reminders difficult. "I will be driving up and down the same motorway all the time and it's hard because it is a constant reminder of what happened. He was my best friend. I miss him so much."
Her young son Halatau jnr, who was born after his namesake's death, was having difficulty understanding what had happened. "He keeps asking me, 'What happened to me, Mummy'?"
The claim will be filed against the Attorney-General, under the Bill of Rights Act.
Lawyer Colin Pidgeon QC has been working for the family through legal aid. He said they were advised to seek a settlement figure of $1million by Dr Paul Rishworth, an expert on the Bill of Rights.