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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.
A wrongful death case arises when a patient dies as a result of medical malpractice. Wrongful death lawsuits are strictly governed by state law, and there are certain procedures that are unique to wrongful death lawsuits (as opposed to broader personal injury cases).he person who will end up filing a wrongful death lawsuit on behalf of the deceased plaintiff will often be the plaintiffâs closest surviving relative -- such as a spouse, child, or parent. The person filing the lawsuit will also often be the executor or administrator of the deceasedâs estate (if he/she had one).