Bereaved Rights

State wrongful death guide

Massachusetts Wrongful Death Law Guide

A Massachusetts wrongful death claim is filed by the estate’s personal representative for the benefit of the surviving family, with a three-year deadline and compensation for the financial and human impact of the death.

Quick facts for Massachusetts

  • Who can file: In Massachusetts, only the executor or administrator (personal representative) of the estate can file a wrongful death lawsuit, but the money recovered is distributed to the surviving spouse, children, and other next of kin according to state law.
  • Deadline to file: In most Massachusetts wrongful death cases, the personal representative must file the lawsuit within three years of the death or within three years of when the family first knew, or reasonably should have known, that someone’s wrongful conduct caused the death.
  • Key statute: Mass. Gen. Laws ch. 229, § 2

Types of compensation families may pursue

  • Loss of the decedent’s reasonably expected net income and benefits
  • Loss of the decedent’s services, protection, care, companionship, guidance, counsel, and advice
  • Funeral and burial expenses
  • Conscious pain and suffering before death (through a related survival claim)
  • Punitive damages where the death was caused by malicious, willful, wanton, or reckless conduct, or by gross negligence
  • Medical expenses related to the final injury or illness

Massachusetts does not have a general dollar cap on wrongful death damages. However, in medical malpractice cases, non-economic damages (such as pain and suffering or loss of companionship) are typically capped at $500,000 unless the injury involves substantial or permanent loss of a bodily function, disfigurement, or other special circumstances.

Massachusetts wrongful death law: a guide for grieving families

Losing someone because of another person’s choices is overwhelming. On top of grief, families suddenly have to manage bills, paperwork, and questions about “what happens next.”

This guide is meant to give you a clear, plain-English roadmap to how wrongful death works in Massachusetts so you can understand your options before you talk with a lawyer. It is general information only and not legal advice.

1. What “wrongful death” means in Massachusetts

Under Mass. Gen. Laws ch. 229, § 2, a death is “wrongful” when it is caused by someone else’s:

  • Negligence (carelessness)
  • Reckless or wanton conduct
  • Breach of warranty
  • Other wrongful acts that would have allowed the injured person to sue if they had lived :contentReference[oaicite:1]{index=1}

Common examples include:

  • A fatal car, truck, bike, or pedestrian crash
  • Medical malpractice or nursing-home neglect
  • Unsafe property conditions (falls, fires, inadequate security)
  • Defective products or machinery
  • Workplace incidents involving a third party (someone other than the employer)

If the deceased could have brought a personal-injury claim had they survived, there is usually at least a potential wrongful death claim.

2. Who can file a wrongful death case in Massachusetts?

Massachusetts is strict about who actually files the lawsuit:

  • The executor or administrator (“personal representative”) of the estate files the case.
  • Family members do not file separate wrongful death lawsuits on their own, even though they are the ones who ultimately benefit. :contentReference[oaicite:2]{index=2}

In practice:

  • If there is a will, the person named as executor usually serves as personal representative.
  • If there is no will, the probate court appoints an administrator—often a spouse or close family member, but not always.

Who can receive compensation?

The money recovered is held for and distributed to the statutory beneficiaries, which may include:

  • The surviving spouse
  • The children
  • If there is no spouse or children, other next of kin (such as parents or siblings) as determined under Massachusetts law :contentReference[oaicite:3]{index=3}

The shares are not always equal. Courts look at the family’s situation and follow the rules in Chapter 229 and the intestacy statutes.

If there is conflict inside the family about who should serve as personal representative or how money should be divided, those issues are typically handled in the probate court while the wrongful death claim is pending.

3. What damages are available in a Massachusetts wrongful death case?

Massachusetts focuses on the “fair monetary value” of the decedent’s life to their beneficiaries. This can include: :contentReference[oaicite:4]{index=4}

Economic losses

  • The reasonably expected net income the deceased would have earned and contributed to their family over their working life
  • Loss of benefits (health insurance, retirement contributions, pensions)
  • The value of household services, child-care, and other practical support
  • Medical bills related to the final injury or illness
  • Funeral and burial expenses

Relationship losses

The law also recognizes the human side of the loss. Families may recover for:

  • Loss of the decedent’s services, protection, care, assistance
  • Loss of society, companionship, comfort, guidance, counsel, and advice

These categories are often proven through testimony from family and friends who explain, in concrete terms, who the person was in daily life and what has changed since the death.

Pain and suffering before death

If the person consciously suffered between the time of injury and death, a related survival claim can seek damages for that pain and suffering. Those damages belong to the estate but ultimately flow to the heirs.

Punitive damages

Punitive damages may be awarded when the death was caused by malicious, willful, wanton, or reckless conduct, or by gross negligence—for example, in some drunk-driving or egregious safety-violation cases. :contentReference[oaicite:5]{index=5}

4. Are there damage caps in Massachusetts wrongful death cases?

There is no general cap on wrongful death damages in Massachusetts.

However, a separate statute—Mass. Gen. Laws ch. 231, § 60H—puts a $500,000 cap on non-economic damages (such as pain, suffering, or loss of companionship) in medical malpractice cases, including many wrongful death cases arising from medical negligence. There are limited exceptions for severe disfigurement, loss of bodily function, or other special circumstances. :contentReference[oaicite:6]{index=6}

Economic damages (like lost income and medical bills) are not capped.

Because these rules are technical and can change, families should talk with a lawyer about how any caps might apply to their specific situation.

5. How long do families have to file in Massachusetts?

In most cases, the statute of limitations is:

  • Three years from the date of death, or
  • Three years from the date when the personal representative first knew, or reasonably should have known, that the death was caused by someone else’s wrongful conduct. :contentReference[oaicite:7]{index=7}

There are additional timing rules if:

  • The case involves a government entity (shorter notice deadlines)
  • The death involves medical malpractice
  • The wrongful act was not discoverable right away

Waiting too long can permanently bar the claim, even if liability is clear. A quick legal consult—often free—can at least confirm whether there is still time.

6. How a Massachusetts wrongful death case generally works

Every case is different, but the overall steps usually look like this:

  1. Open or identify the estate
    • Confirm who will serve as personal representative.
  2. Investigate the facts
    • Request police reports, medical records, incident reports, and insurance information.
  3. Identify all possible defendants and insurance policies
    • This might include drivers, employers, property owners, manufacturers, or healthcare providers.
  4. Calculate damages
    • Work with financial and medical experts when needed to project lost earnings and future support.
  5. Negotiate with insurers
    • Many cases settle without trial if the liability and damages are well documented.
  6. File suit and, if necessary, go to trial
    • The court and jury decide responsibility and the amount of damages if a settlement cannot be reached.

Throughout the process, a good lawyer’s job is to handle the legal and procedural work so the family can focus on grieving and rebuilding.

7. Examples of common wrongful death scenarios in Massachusetts

These are only illustrations, not limits:

  • A driver runs a red light in Boston and hits a pedestrian in the crosswalk.
  • A patient dies after a preventable surgical error at a hospital.
  • A nursing-home resident dies from untreated infections, bedsores, or falls.
  • A worker is killed when improperly maintained equipment fails at a construction site.
  • A defective consumer product catches fire and causes fatal injuries at home.

Each scenario requires different evidence and experts, but the core legal question is the same: did someone’s wrongful act, neglect, or default cause this death?

8. Where families can start

If you’re reading this after a loss, you do not need to have everything figured out. Helpful early steps can include:

  • Gathering key documents (death certificate, accident reports, medical records if available)
  • Making a short written timeline of what happened and who was involved
  • Keeping receipts for funeral, burial, and other out-of-pocket costs
  • Speaking with a Massachusetts wrongful death attorney about deadlines and options

You are allowed to ask questions, take your time in choosing a lawyer, and focus first on caring for yourself and the people who are grieving with you.

9. Important disclaimer

This Massachusetts wrongful death guide is for general information only. It:

  • Does not create an attorney-client relationship
  • Is not a substitute for legal advice about any specific case
  • May not reflect the most recent changes to Massachusetts law
  • May apply very differently depending on the facts of a real situation

If you have lost a family member and are considering a wrongful death claim, speak with a qualified Massachusetts attorney who can review the details and give guidance tailored to your circumstances.

Common questions about wrongful death

These answers are general information only and are not legal advice. Laws can change, and how they apply depends on your specific situation.

How long do I have to file a wrongful death lawsuit in Massachusetts? +

In most Massachusetts wrongful death cases, the estate’s personal representative has three years to file suit. The clock usually starts on the date of death. However, Massachusetts also recognizes a discovery rule. If the family did not know—and reasonably could not have known—that someone’s wrongful conduct caused the death, the three-year period may run from the date the personal representative first knew, or reasonably should have known, that negligence or another wrongful act was involved. This can matter in situations like medical malpractice or exposure cases, where the connection between the conduct and the death isn’t obvious at first. There are also additional notice requirements and special timing rules if the claim is against a government entity, a public employee, or involves certain types of professional negligence. The safest approach is to assume that time is short. Evidence tends to fade quickly, and waiting until the end of the limitations period can make a case much harder to prove. A brief consultation with a Massachusetts wrongful death attorney can help you understand your specific deadline and whether any exceptions or special rules might apply. This answer is for general information only and is not legal advice. Always speak with a licensed Massachusetts attorney about time limits in your own situation.

What damages are available in a Massachusetts wrongful death case? +

Massachusetts focuses on the “fair monetary value” of your loved one’s life to the surviving beneficiaries. That includes both financial losses and the value of the relationship, measured in economic terms. Common categories of damages include the loss of the decedent’s reasonably expected income and benefits, such as wages, bonuses, pensions, and health insurance. Families can also claim the value of household services, child care, and other practical support that the person regularly provided. The law also recognizes the human side of the loss. Juries may award damages for the loss of the decedent’s services, protection, care, assistance, society, companionship, comfort, guidance, counsel, and advice. Reasonable funeral and burial expenses are recoverable as well. If your loved one consciously suffered between the time of injury and death, a related survival claim can seek damages for pain and suffering before death. In cases involving malicious, willful, wanton, reckless, or grossly negligent conduct, punitive damages may also be available. There is no general cap on wrongful death damages, but a separate statute limits many non-economic damages in medical malpractice cases to $500,000, with some exceptions. Because these rules can be technical and fact-specific, it is important to talk with a Massachusetts wrongful death attorney about what kinds of damages may realistically apply in your case. This answer is general information only and is not legal advice.

Who can file a wrongful death claim in Massachusetts? +

In Massachusetts, a wrongful death lawsuit is filed by the estate’s personal representative, not by individual family members filing separate cases. The “personal representative” is the executor named in your loved one’s will or, if there is no will, an administrator appointed by the probate court. That person files the case in court and works with the attorney, but they do so on behalf of the family and other beneficiaries—not for themselves alone. The money recovered is then distributed to the people that Massachusetts law treats as beneficiaries of the wrongful death claim. In many families, this includes the surviving spouse and children. If there is no spouse or children, the recovery can go to other next of kin, such as parents or siblings, under the state’s intestacy and wrongful death statutes. When families are grieving, it is common to worry that “the wrong person” will be in charge. If there is disagreement about who should serve as personal representative, a Massachusetts court can resolve that question in the probate case while the wrongful death claim moves forward. Because these rules are technical and the stakes are high, it is wise to speak with a Massachusetts wrongful death attorney about who should serve as personal representative and what that role actually involves. This answer is general information only and not legal advice for any particular situation.