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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.
Written by S. Danilina | Fact checked by The Law Dictionary staff. A negligence lawsuit is a civil lawsuit that filed against a person or a legal party that failed to use reasonable caution and caused damage to a victim while providing care or services.he duty element is required for a negligence lawsuit. The duty element means that the person who caused negligence must have a legal obligation to protect others from unreasonable risk of harm. Each person has different duties. For instance, a doctor is required to provide a treatment to his patients.