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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, if you do not file a wrongful death lawsuit within two years after the date of death, you will lose your right to seek compensation. If you do not have legal representation, the insurance company might hope that the two years will pass with no lawsuit being filed.