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  1. #1
    Join Date
    Jul 2015
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    Florence S.C.
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    3

    Default What Happens to a Civil Rights Lawsuit After the Plaintiff's Death

    My daughters father had a law suit against a prison in Butner N.C..He died exactly 2 years ago at Butners negligence. I have an 10 yearthat is left without a father or money for the law suit he had pending before his death.Can I pick it up on her behalf and sue them dfor their neglectfulness causing his death.

  2. #2
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: What Happens to a Civil Rights Lawsuit After the Plaintiff's Death

    In general, it is his estate that would be substituted for him in the lawsuit he started. That would be up to the estate’s personal representative to do. You and/or your daughter might have a separate claim to bring in your own right, but you’d need to discuss that with your own lawyer. In NC, a lawsuit based on a wrongful death claim must be filed within 2 years of the decedent’s date of date.

  3. #3
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: What Happens to a Civil Rights Lawsuit After the Plaintiff's Death

    Quote Quoting sessagause
    View Post
    My daughters father had a law suit against a prison in Butner N.C..He died exactly 2 years ago at Butners negligence. I have an 10 yearthat is left without a father or money for the law suit he had pending before his death.Can I pick it up on her behalf and sue them dfor their neglectfulness causing his death.
    I suggest you find out what happened to his lawsuit.

    You can call or visit the local superior or district court and have his name run through the records and then get a copy of the case file to see what happened.

    If his parents were still in the picture they may have opened probate and too over the handling of the case through the attorney that originally filed it. For all anybody knows the case might already have been settled.

    You might also check the probate records for his name and see if anything happened there.

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