State file: Massachusetts

Wrongful Death Attorneys in Massachusetts: Your Complete Legal Guide

3 min read

3 years General deadline, as the table of this guide gives it. Exceptions are in the guide.

Massachusetts measures a wrongful death recovery by the fair monetary value of the person to those entitled to recover, and it adds funeral and burial expenses and, in qualifying cases, punitive damages. The executor or administrator brings the case. The filing period is generally three years from the death, or from when the executor or administrator knew or reasonably should have known the factual basis for the claim.

Massachusetts Wrongful Death at a Glance

Question Massachusetts answer
Statute M.G.L. c. 229, § 2
Conduct covered Specified negligent, willful, wanton or reckless conduct causing death (c. 229, § 2)
Damages Fair monetary value, funeral and burial expenses, punitive damages in qualifying cases (c. 229, § 2)
Who brings it? The executor or administrator (c. 229, § 2)
Deadline Generally three years from the death, or from when the executor or administrator knew or should have known the factual basis for the claim (c. 229, § 2)
Conscious suffering Linked provision in c. 229, § 6

Who Brings the Case

Massachusetts General Laws chapter 229, section 2, makes specified negligent, willful, wanton or reckless conduct that causes a death actionable, and it requires the recovery to be made by the executor or administrator of the person who died.

What Can Be Recovered

Section 2 provides for:

  • the fair monetary value of the person to those entitled to recover, including expected net income, services, protection, care, assistance, society, companionship, comfort, guidance, counsel and advice;
  • reasonable funeral and burial expenses; and
  • punitive damages in the cases the statute specifies.

Chapter 229, section 6 is a linked provision addressing the person’s own conscious suffering before death.

The Deadline

The action generally must be commenced within three years from the death, or from when the executor or administrator knew or reasonably should have known the factual basis for the claim (c. 229, section 2). Chapter 260, section 2A provides the general tort limitation period for related claims.

Topics This Guide Does Not Cover

Massachusetts’s comparative negligence statute and the presentment and damage limits for claims against public employers were not reviewed for this guide. How they apply to a particular death is a question for counsel.

The firm listings below are separate from the legal information above. Statements about the law in a firm description are not part of this guide’s legal review.

Top 3 Wrongful Death Attorneys in Massachusetts

1. Lubin & Meyer PC

Widely considered the most dominant medical malpractice and catastrophic injury law firm in New England. Their highly specialized medical-legal team secures massive, record-setting verdicts by flawlessly proving the deceased’s loss of reasonably expected net income and the severe loss of companionship caused by hospital and physician negligence.

2. Breakstone, White & Gluck

Elite when it comes to fatal construction accidents, commercial trucking crashes, and premises liability. Massachusetts requires the estate’s Personal Representative to lead the lawsuit; Breakstone, White & Gluck has deep expertise in navigating the probate courts to get the estate established quickly, allowing their accident reconstructionists to immediately secure the accident scene.

3. Sweeney Merrigan Law

A highly aggressive and modern trial firm that frequently handles high-stakes fatal motor vehicle and defective product cases. They expertly manage both the wrongful death claim and the separate survival action, ensuring maximum liability for negligent defendants across Massachusetts.

Frequently Asked Questions

Can punitive damages be awarded in Massachusetts?

Yes, in the cases the wrongful death statute specifies.

Who files the action?

The executor or administrator of the estate.

When does the three-year period start?

Generally three years from the death, or from when the executor or administrator knew or reasonably should have known the factual basis for the claim.

Sources and Last Review

Massachusetts General Laws chapter 229, sections 2 and 6, and chapter 260, section 2A. This page summarizes these provisions from secondary descriptions of the statutes; the official statutory text was not reviewed for this guide. Last updated October 2026. This page is general information about Massachusetts law, not legal advice about a specific death.