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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 your case is not settled, the next step is for the person who has been injured to file a lawsuit. The person filing the suit is called the plaintiff, and the document the plaintiff files is usually called a complaint.The party being sued is called the defendant. personal injury lawsuit is simply a legal action, brought in court, by someone who has been injured (either physically or emotionally) by another person, usually by way of an accident, fall, or product malfunction.