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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.
If a personâs death is caused by the negligence of another person or entity, the surviving family members usually have the right to bring a civil lawsuit seeking damages from the responsible person. This type of lawsuit is called a wrongful death case. Each state has very specific rules governing wrongful death claims.