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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 addition to the standard medical malpractice damages, the plaintiff in a wrongful death case can of course collect as damages the funeral and burial expenses for the deceased.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).