Massachusetts · Wrongful death · Updated
Wrongful death cases in Massachusetts: the rules and the lawyers
The deadline to file, the fault rule and the other Massachusetts rules that matter for a wrongful death case, each with the law it comes from. This is general information, not advice about your case.
We don’t list firms in Massachusetts that take wrongful death cases yet.
At a glance
Checked 6 Nov 2026 · Not legal advice
Deadline to file
3 years from death
The action is brought in tort by the executor or administrator1.
That is the deadline for wrongful death cases.
If you were partly at fault
51% bar
In Massachusetts, if you are found more than 50% at fault, you generally can’t recover.
Firms we list
0 firms
None yet for wrongful death cases.
Know this first
Step 1: Your deadline to file in court
We don’t show Massachusetts’s deadline here until we have checked it against the official text. Ask a lawyer, or each firm you call, which deadline applies to you.
When the clock starts, and whether an exception applies, can depend on the facts. A lawyer can tell you your exact date.
If a family member died
Step 2: If someone died
A claim for a death can have its own deadline, and it may start on a different day. Here is the rule as the research found it.
The law, as written
Wrongful death3 years from death
The action is brought in tort by the executor or administrator1.
If a government body was involved
Step 3: Claims against the state or a local government
If a government vehicle, government property or a public employee was part of what happened, a shorter notice or claim step may come first. Ask a lawyer about it early.
The law, as written
Claims against public employersPresent within 2 years; sue within 3
Under the Massachusetts Tort Claims Act, a claimant must first present the claim in writing to the public employer's executive officer within two years after the cause of action arose, and may sue only after the claim is finally denied2.
How fault is counted
Step 4: If you were partly at fault
51% bar
In Massachusetts, if you are found more than 50% at fault, you generally can’t recover.
Next
Step 5: What to do with this
- Write down the datesThe day you were hurt, the day treatment ended, and anything a government body or hospital sent you.
- Ask a lawyer about your factsThese rules have exceptions that depend on details. A lawyer licensed in Massachusetts can tell you which ones apply.
- Ask each firmWhich deadline applies to me, does a notice need to go out, and by when?
More Massachusetts rules
This page keeps to the rules that matter most for a wrongful death case. The Massachusetts page has all of them.
Injured in Massachusetts: all deadlines and rules
Other case types in Massachusetts:
After a wrongful death: the general guide
If someone in your family died because of another person’s carelessness: what a wrongful-death claim is, who can bring it, how it differs from a survival claim, getting records, and the deadline.
How to check a lawyer’s license in Massachusetts
Each state keeps a public list of lawyers. Before you hire anyone, look the lawyer up by name and read what the listing says about their license. If it isn’t clear, call the office that keeps the list.
How we list firms
How we list firms
We don’t rank firms. Listing is free and doesn’t depend on buying anything.
Firms are listed for free, in A–Z order, when they say they take wrongful death cases. Every fact shows its source and date. We don’t recommend lawyers, and we don’t pass on your details.
Sources
Where the legal facts on this page come from
- Mass. Gen. Laws ch. 229, § 2Read the source: Mass. Gen. Laws ch. 229, § 2
- Mass. Gen. Laws ch. 258, § 4Read the source: Mass. Gen. Laws ch. 258, § 4
This is general information, not legal advice.