What Is the Statute of Limitations for Wrongful Death in Massachusetts?
In Massachusetts, the statute of limitations for wrongful death is generally 3 years under Mass. Gen. Laws c. 229, § 2.
Wrongful death Deadlines in Massachusetts
How long do you have to file a wrongful death claim in Massachusetts?
In Massachusetts, the statute of limitations for wrongful death is generally 3 years under Mass. Gen. Laws c. 229, § 2.
When does the clock start for wrongful death in Massachusetts?
Three years from the date of death, or from when the claimant knew or should have known of the factual basis for the claim.
Can the Massachusetts deadline for wrongful death be extended?
The action is brought by the executor or administrator of the estate. Massachusetts caps certain damages and requires the claim be brought on behalf of the statutory beneficiaries.
Is the deadline different if the claim is against the government in Massachusetts?
Often, yes. Presentment within 2 years under Mass. Gen. Laws c. 258, § 4. The Massachusetts Tort Claims Act requires a claim to be presented in writing to the executive officer of the public employer within two years of accrual, and suit to be commenced within three years. The presentment requirement is strictly enforced and must go…
How does Massachusetts compare to other states for wrongful death?
Massachusetts's 3 years is among the longest in the country. Across the 50 jurisdictions with a verified figure, the deadline for wrongful death ranges from 1 year to 3 years, and 2 years is the most common. Compare all states →
What Does Wrongful Death Cover?
Situations that typically fall under the wrongful death deadline in Massachusetts:
