Wrongful Death Law in Massachusetts
This page covers wrongful death law as it applies in Massachusetts — the state and federal laws that govern it, filing deadlines, where to get help, and notable in-state decisions. For what wrongful death protects generally, see the national overview.
Compiled from primary legal sourcesNot legal adviceHow we source this
Quick answer
In Massachusetts, when a person dies because of another party's negligence or wrongful conduct, the estate can file a wrongful death claim on behalf of surviving family members to recover compensation for their losses. The claim must be filed by the estate's court-appointed personal representative — not directly by family members — within three years of the date of death. Additional steps are required if the responsible party is a government agency. Deadlines are strict and cannot usually be extended, so consulting an attorney as soon as possible after the death is important.
Laws that govern wrongful death in Massachusetts
Massachusetts state law
- Wrongful Death Act — Liability and DamagesMass. Gen. Laws ch. 229, § 2
Creates the Massachusetts wrongful death cause of action, covers deaths caused by negligence and by willful or reckless conduct, specifies that the estate's personal representative brings the claim, and sets the three-year filing deadline.
- Wrongful Death Act — Beneficiaries and DistributionMass. Gen. Laws ch. 229, § 1
Defines which surviving family members are entitled to wrongful death damages and governs how any award is divided among them.
- Survival of ActionsMass. Gen. Laws ch. 228, § 1
Allows certain tort claims — including personal injury claims for harm the deceased person suffered before dying — to survive death and be pursued by the estate.
- Massachusetts Tort Claims Act — Presentment RequirementMass. Gen. Laws ch. 258, § 4
Requires a written presentment to the executive officer of any public employer within two years before a wrongful death lawsuit against a government entity can be filed.
Massachusetts-specific deadlines for wrongful death cases
Enter the date your problem happened to see which deadlines may already have passed. Not every deadline applies to every situation — this is a general estimate, not legal advice. Deadlines can be shorter, paused, or extended.
- Deadline to file a wrongful death lawsuit: 3 years from the date of death
The clock may start later if the executor or administrator did not know and could not reasonably have known the factual basis for the claim at the time of death. Limited extensions under General Laws Chapter 260 may also apply in certain circumstances.
Mass. Gen. Laws ch. 229, § 2
- Deadline to submit written presentment when a government entity is the defendant: 2 years from the date the cause of action arose
If a Massachusetts state agency, municipality, or other public employer is responsible, a written presentment must be submitted to its executive officer within two years of the death. Failure to present timely bars the lawsuit entirely, regardless of the three-year filing deadline.
Mass. Gen. Laws ch. 258, § 4
These deadlines are general estimates. They can be shorter than they appear, and can be paused (“tolled”) or extended in specific situations. This is not legal advice. If any deadline is near or has passed, talk to a lawyer right away.
Where to go & how to get help
Government agencies and non-profit legal-help organizations for wrongful death in Massachusetts.
Connects Massachusetts residents with licensed attorneys by practice area; wrongful death claims typically involve personal injury lawyers who work on a contingency-fee basis, meaning no up-front legal fees.
Funds and coordinates civil legal aid providers across Massachusetts; can connect income-eligible individuals with free legal help for estate and civil matters.
- Massachusetts Legal Helplegal aid
State-wide portal operated by Massachusetts legal aid programs that provides plain-language guides and referrals to free or low-cost legal services.
Official U.S. government starting point for finding free or low-cost legal help and legal-aid programs near you.
Locate the LSC-funded legal-aid organization that serves your county for civil (non-criminal) legal problems.
Find your state or local bar association lawyer-referral service and free legal-answer programs.
Find your state attorney general to file consumer-protection, civil-rights, or other complaints.
How to take action in Massachusetts
- 1
Open a probate estate and appoint a personal representative
Only the estate's legally appointed executor (named in a will) or administrator (appointed by the court when there is no will) may file a Massachusetts wrongful death lawsuit. If no estate has been opened, that must be done first at the Probate and Family Court.
- 2
Gather evidence of the cause of death and responsibility
Collect police reports, medical records, autopsy findings, workplace incident reports, product documentation, or other records that show how the death occurred and who was responsible.
- 3
Identify which family members are entitled to damages
Under Massachusetts General Laws Chapter 229, Section 1, damages go to the surviving spouse, children, or if neither exists, to parents or other next of kin. Knowing who is entitled helps estimate the full value of the claim.
- 4
Send a written presentment if a government entity may be responsible
If a Massachusetts state agency, municipality, county, or other public employer caused the death, you must submit a formal written claim to the agency's executive officer within two years of the death; failure to do so permanently bars the lawsuit.
- 5
File the wrongful death lawsuit in Massachusetts Superior Court
The personal representative files the lawsuit in Superior Court within three years of the date of death. Missing this deadline is almost always fatal to the claim.
- 6
Pursue settlement or proceed to trial
Many wrongful death cases are resolved through settlement negotiations before trial. If no settlement is reached, a jury hears the case and decides how much compensation to award.
A general roadmap, not legal advice — the right steps depend on your situation and deadlines.
Common questions about wrongful death in Massachusetts
Who can file a wrongful death lawsuit in Massachusetts?
The lawsuit must be filed by the executor (if there was a will) or administrator (if there was no will) of the deceased person's estate — not directly by family members. That person is called the personal representative. They file the claim on behalf of the surviving family members who are entitled to receive the damages.
Who receives the money from a wrongful death lawsuit?
Under Massachusetts General Laws Chapter 229, Section 1, damages go to the surviving spouse, children, or if neither exists, to the parents or other next of kin. A judge or jury decides how much each beneficiary receives based on the nature and extent of each person's loss.
What losses can be compensated in a Massachusetts wrongful death case?
Massachusetts law allows recovery of the fair monetary value of the deceased person to the surviving family members, which can include lost financial support, loss of companionship, guidance, and care, and funeral and burial costs. If the death resulted from willful, wanton, or reckless conduct, the law also requires punitive damages of at least $5,000 on top of compensatory damages.
How long do I have to file a wrongful death lawsuit in Massachusetts?
The lawsuit must be filed within three years of the date of death under Massachusetts General Laws Chapter 229, Section 2. If the executor or administrator did not know — and could not reasonably have known — the basis for the claim at the time of death, the three-year period may begin from the date they gained that knowledge. Once the deadline passes, the right to sue is almost always gone permanently.
What is different if a government agency or employee caused the death?
When a Massachusetts public employer is responsible, the Massachusetts Tort Claims Act (General Laws Chapter 258) applies. The personal representative must first submit a written presentment (a formal notice of the claim) to the agency's executive officer within two years of the death. The agency then has six months to deny the claim before a lawsuit can be filed. The lawsuit itself must still be filed within three years of the death.
Is a wrongful death claim the same as a survival action?
No — they are separate claims. A wrongful death claim (under General Laws Chapter 229) compensates the surviving family for their own losses. A survival action (under General Laws Chapter 228, Section 1) allows the estate to pursue claims the deceased person could have brought before death, such as pain and suffering or medical expenses incurred before dying. Both types of claims can sometimes be filed together in the same lawsuit.
Does a criminal conviction need to happen before filing a wrongful death lawsuit?
No. A wrongful death lawsuit is a civil case that is entirely separate from any criminal proceeding. The civil standard of proof — more likely than not — is lower than the criminal standard of beyond a reasonable doubt. A civil wrongful death claim can succeed even if criminal charges are never filed or result in an acquittal.
Not legal advice. State-specific statutes, deadlines and procedures are being sourced and will appear here.