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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.
Wrongful death law applies in tort cases in which the defendantâs conduct has resulted in the death of the victim, leaving behind surviving family members and dependents who will suffer as a result of the victimâs absence. The purpose of these laws is to compensate the survivors, not the deceased victim. Wrongful death laws are found in modern state statutes. Time limits for filing suit, plaintiff qualifications, and permissible damages vary by state. Unlike other tort doctrines, wrongful death did not exist at common law. English and early American courts did not recognize these actions.