Wrongful Death Lawsuits in Massachusetts
Who can bring a wrongful death claim in Massachusetts, the deadline to file, and any limits on damages.
Short answer: The lawsuit is brought by the executor or administrator of the estate of the person who died. Damages go to the persons entitled under the statute's distribution rules: the surviving spouse alone if there are no children; M.G.L. c. 229, §§ 1, 2
| Who can sue for wrongful death | The lawsuit is brought by the executor or administrator of the estate of the person who died. Damages go to the persons entitled under the statute's distribution rules: the surviving spouse alone if there are no children; half to the spouse and half to one child (or that child's issue); one-third to the spouse and two-thirds to the children if there is more than one child; and to the next of kin if there is no spouse. Distribution shares: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter229/Section1 Source: M.G.L. c. 229, §§ 1, 2 |
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| Wrongful death deadline | Within three years from the date of death, or within three years from when the executor or administrator knew or reasonably should have known the facts supporting a claim (or later where certain tolling provisions of chapter 260 apply). Source: M.G.L. c. 229, § 2 |
| Damage caps | No general cap on damages in ordinary personal injury cases was found. A cap applies to general damages in medical malpractice cases ($500,000, with exceptions), and claims against public employers are limited to $100,000. In auto accident cases, pain and suffering damages may be recovered only if reasonable medical expenses exceed $2,000 or the injury causes death, loss of a body member, permanent and serious disfigurement, certain loss of sight or hearing, or a fracture. Auto threshold: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter231/Section6D |
More Massachusetts personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in Massachusetts
- Medical Malpractice Rules in Massachusetts
- Car Accident Claims in Massachusetts
- Dog Bite Liability in Massachusetts
- Sidewalk and Public Property Falls in Massachusetts
- Motorcycle Accident Claims in Massachusetts
- Pedestrian Accident Claims in Massachusetts
- Bicycle Accident Claims in Massachusetts
- Uber and Lyft Accident Claims in Massachusetts
- Truck Accident Claims in Massachusetts
- Construction Site Injuries in Massachusetts
- All Massachusetts personal injury & wrongful death rules
FAQ
Who can file a wrongful death lawsuit in Massachusetts?
The lawsuit is brought by the executor or administrator of the estate of the person who died. Damages go to the persons entitled under the statute's distribution rules: the surviving spouse alone if there are no children; half to the spouse and half to one child (or that child's issue); one-third to the spouse and two-thirds to the children if there is more than one child; and to the next of kin if there is no spouse.
How long do you have to file a wrongful death lawsuit in Massachusetts?
Within three years from the date of death, or within three years from when the executor or administrator knew or reasonably should have known the facts supporting a claim (or later where certain tolling provisions of chapter 260 apply).
Does Massachusetts cap damages in personal injury cases?
No general cap on damages in ordinary personal injury cases was found. A cap applies to general damages in medical malpractice cases ($500,000, with exceptions), and claims against public employers are limited to $100,000. In auto accident cases, pain and suffering damages may be recovered only if reasonable medical expenses exceed $2,000 or the injury causes death, loss of a body member, permanent and serious disfigurement, certain loss of sight or hearing, or a fracture.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.