Wrongful death in Massachusetts
Last checked Aug 15, 2026 · LawyerUnc editorial. Educational only, not legal advice.
Elements
1
Death
A person died.
2
Wrongful act
The death was caused by a wrongful act, neglect, or default that would have supported a claim by the decedent if they had lived.
3
Survivors
The claim is brought by a statutory beneficiary or personal representative, not just anyone who is sad about it.
4
Damages
The statute lists what can be recovered: typically loss of support, services, companionship. Punitive damages are jurisdiction-specific.
Burden of proof
Preponderance of the evidence. The underlying tort (often negligence) still has to be proven.
A Massachusetts fact pattern
Wrongful death in massachusetts.
Statute of limitations
3 years
Mass. Gen. Laws c. 229, § 2
Three years from the date of death, or from when the personal representative knew or should have known the factual basis.
- A public-employer death still needs the c. 258 presentment.