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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 Michigan, a claim may be brought to court as a wrongful death case if it involves a death caused by wrongful act, neglect, or fault of another. (Michigan Compiled Laws section 600.2922 .). 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).