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If the Plaintiff Dies. In a civil lawsuit, if the plaintiff dies, the beneficiaries and heirs to the plaintiff's estate inherit the lawsuit. The person named in the deceased person's will as his executor, or the person named by the court as administrator of the estate if there is no will, can continue the lawsuit on behalf of the deceased person.
In these two ways, a wrongful death claim differs from a criminal case, which is filed by the state and in which penalties may include jail or prison time, probation, or fines. In Michigan, a wrongful death claim can be filed even if the death is already the subject of a criminal case. wrongful death claim is a civil lawsuit. This means: 1  it is filed by the estate or family of the deceased person directly, and. 2  liability is expressed solely in terms of money damages (which are paid by the defendant id they are found liable).