Losing a loved one due to another's negligence is devastating. Massachusetts law provides specific rights and remedies for surviving families.
Legal notice: This guide is for informational purposes only and does not constitute legal advice. Laws vary by state — always consult a licensed attorney before making any legal decisions.
Statute of Limitations
Massachusetts statute of limitations for wrongful death claims: 3 years from the date of death. Contact an attorney immediately.
Under M.G.L. c. 229, § 2, the executor or administrator of the estate brings the wrongful death action. Massachusetts allows recovery for the fair monetary value of the decedent's life including the reasonably expected net income, services, protection, care, assistance, society, companionship, comfort, guidance, counsel and advice. Massachusetts also allows punitive damages of not less than $5,000 if the death was caused by gross negligence or malicious conduct.
Massachusetts-Specific Tip
Massachusetts has a 3-year statute of limitations for wrongful death claims. Massachusetts is one of the few states that allows punitive damages in wrongful death cases when caused by gross negligence. Both a wrongful death claim and a survival action should be filed simultaneously.
📊 Massachusetts allows both wrongful death claims and survival actions to be filed simultaneously — ask your attorney about both.
Contact a Massachusetts wrongful death attorney immediately
Preserve all evidence related to the incident
Obtain the official death certificate
Document all expenses — medical, funeral, and burial
Do NOT accept any early settlement
Be aware of the 3-year statute of limitations running from the date of death
Ask your attorney about filing both a wrongful death claim AND a survival action
3 years from the date of death. Massachusetts has a 3-year statute of limitations for wrongful death claims. Massachusetts is one of the few states that allows punitive damages in wrongful death cases when caused by gross negligence. Both a wrongful death claim and a survival action should be filed simultaneously.
Under M.G.L. c. 229, § 2, the executor or administrator of the estate brings the wrongful death action. Massachusetts allows recovery for the fair monetary value of the decedent's life including the reasonably expected net income, services, protection, care, assistance, society, companionship, comfort, guidance, counsel and advice. Massachusetts also allows punitive damages of not less than $5,000 if the death was caused by gross negligence or malicious conduct.
Under M.G.L. c. 229, § 2, the executor or administrator of the estate brings the wrongful death action. Massachusetts allows recovery for the fair monetary value of the decedent's life including the reasonably expected net income, services, protection, care, assistance, society, companionship, comfort, guidance, counsel and advice. Massachusetts also allows punitive damages of not less than $5,000 if the death was caused by gross negligence or malicious conduct. Contact a Massachusetts wrongful death attorney to confirm who has standing in your specific situation.
No upfront cost. Contingency fees — you only pay if you win.
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