Susan Smith from Staffordshire says that if judges rule against her it would mean her son Phillip Hewett has no right to live because he is a serving soldier.
She says she will continue her legal fight if the Supreme Court does not grant her the right to sue the Ministry of Defence.
Families of soldiers killed in Iraq have been given the go-ahead by the Supreme Court to bring compensation claims against the Government.
The family of a Tamworth soldier killed in Iraq will find out on the 19th June if they can sue the government for compensation.
Britain's highest court will debate whether soldiers in battle have the right to life.