Reviewed by: Christopher DiBella
May 15, 2026
On This Page
- What Is the Massachusetts Wrongful Death Statute?
- Who Receives the Wrongful Death Compensation?
- How Long Do You Have to File a Wrongful Death Claim?
- Common Causes of Wrongful Death Claims in Massachusetts
- What Compensation Can Families Recover Under the Wrongful Death Statute?
- How to File a Wrongful Death Claim in Massachusetts
- Contact Our Trusted Boston Wrongful Death Attorneys to Protect Your Family’s Rights Today
Losing a loved one because of someone else’s negligence is one of the most devastating experiences a family can face. Beyond the grief, there are urgent legal questions: who can file a claim, what compensation is available, and how much time do you have. The Massachusetts wrongful death statute provides a clear legal path to accountability. At DiBella Law Injury and Accident Lawyers, we have guided families through wrongful death claims across Massachusetts and New Hampshire for over 20 years. If you have lost a loved one and believe negligence was involved, contact our Boston wrongful death lawyers today for a free, confidential consultation.
What Is the Massachusetts Wrongful Death Statute?
Massachusetts General Laws Chapter 229, Section 2 governs wrongful death claims in the Commonwealth. Under this statute, a person or entity that causes the death of another through negligence, or through willful, wanton, or reckless conduct, may be held financially liable to the deceased’s surviving family members.
Who Can File a Wrongful Death Claim in Massachusetts?
Under Massachusetts General Laws, only the executor or administrator of the deceased person’s estate has the legal authority to bring the action in court. This means two things must happen before a wrongful death lawsuit can be filed: an estate must be opened in Probate Court, and a personal representative must be formally appointed.
If no will exists naming an executor, a family member can petition the court to be appointed administrator.
Who Receives the Wrongful Death Compensation?
Massachusetts Law establishes the order of beneficiaries entitled to receive wrongful death damages:
- If the deceased was married with no surviving children, the spouse receives the full recovery.
- If the deceased was married with one surviving child, the spouse and child split the award.
- If the deceased was married with more than one surviving child, the spouse receives one-third and the children share the remaining two-thirds.
- If the deceased was not married, the award goes to their next of kin.
How Long Do You Have to File a Wrongful Death Claim?
Massachusetts families have three years from the date of death to file a wrongful death lawsuit. If the executor or administrator only later discovers facts that would support a claim, the three-year window may run from the date they knew or reasonably should have known of those facts.
Contact a wrongful death attorney as soon as possible after your loss. The sooner your legal team can begin preserving evidence and building the case, the stronger your family’s position will be.
We’ve offered crucial support and guidance to individuals who have suffered injuries, ensuring their financial and emotional well-being.
Common Causes of Wrongful Death Claims in Massachusetts
Wrongful death claims can arise from a wide range of circumstances. The most common cases DiBella Law handles involve:
- Car accidents — including drunk driving, distracted driving, and commercial vehicle collisions
- Truck accidents
- Pedestrian fatalities on Boston-area roads and crosswalks
- Motorcycle accidents caused by another driver’s negligence
- Premises liability — dangerous property conditions, negligent security, falls
- Construction site accidents
- Medical malpractice and nursing home negligence
What Compensation Can Families Recover Under the Wrongful Death Statute?
Massachusetts wrongful death law allows families to recover both economic and non-economic damages which include:
- Lost income and benefits
- Loss of services, care, and companionship
- Funeral and burial expenses
- Pain and suffering
- Punitive damages
DiBella Law has recovered millions of dollars in settlements and verdicts for families across Massachusetts and New Hampshire, including full liability policy recoveries in cases involving fatal pedestrian accidents and municipal infrastructure failures.
How to File a Wrongful Death Claim in Massachusetts
Once you contact DiBella Law, we get to work immediately. Our team returns to the accident scene, secures evidence before it disappears, and builds a case that reflects the full weight of what your family has lost. Contact DiBella Law today for a free, confidential case evaluation. There is no obligation, and you pay nothing unless we win.
DiBella Law Has Over 20 Years of Nationally Recognized Experience
Founded in 2004, DiBella Law has spent two decades building a reputation that Boston injury victims trust and insurance companies take seriously.
- Chris DiBella selected to Super Lawyers every year from 2020–2026
- America’s Top 100 Personal Injury Attorneys
- Top 10 Personal Injury Attorneys in Massachusetts: National Academy of Personal Injury Attorneys
- Top 100 Civil Plaintiff Trial Lawyers: The National Trial Lawyers
- 10.0 Superb Avvo Rating: The highest possible score on the platform
- BBB-Accredited in Boston
Contact Our Trusted Boston Wrongful Death Attorneys to Protect Your Family's Rights Today
Wrongful death cases are among the most complex and emotionally demanding in personal injury law. The legal process involves opening a probate estate, appointing a representative, preserving evidence, and building a case that accurately reflects everything your loved one meant to your family.
When you work with DiBella Law, you get a team that will answer your calls, walk you through every step, and fight to ensure your family receives every dollar the law allows. Contact us online today or call (617) 663-0665 to schedule your free, confidential case evaluation. You can also use our Instant Case Evaluator to get a fast read on what your claim may be worth. You pay no fee unless we win your case.
