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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.
However, the discovery rule may apply in some wrongful death cases. The Statute of Limitations in Your State. As mentioned above, every state has enacted its own statute of limitations, requiring any personal injury suit be filed in court within a set time after the incident or injury. The specific limit prescribed by each state is identified in the chart below, along with a link to the relevant state law.