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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 California a claim for personal injury or wrongful death must be filed within two years of injury or death. In a few limited cases the law allows an individual to file a lawsuit later if they did not incur an injury until years after a wrongful act or did not discover they were injured until years later.