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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.
Money damages are the primary remedy in a civil suit. [7] The Seventh Amendment guarantees a jury trial in Federal Court [8] in civil cases. It does not apply to civil cases in state courts. Criminal trials determine if an individual has committed an act prohibited by law and are prosecuted by the government.