Wrongful Death Statute of Limitations in Massachusetts

Last verified 2026-07 · Source: Mass. Gen. Laws ch. 229, §2 ✓ verified · 3 sources

Under Mass. Gen. Laws ch. 229, §2, you have 3 years from Date of death, or date executor/administrator knew or should have known of factual basis for claim, whichever is later to file a wrongful death lawsuit in Massachusetts. Miss it and you lose the right to sue — but several Massachusetts-specific exceptions can extend (or shorten) that window, detailed below.

Massachusetts Deadlines for Related Claims

When the Clock Starts

In Massachusetts, the limitations period for wrongful death claims generally begins on Date of death, or date executor/administrator knew or should have known of factual basis for claim, whichever is later. Massachusetts recognizes a discovery rule for this claim type: Yes - 3 years from when the executor or administrator first knew or reasonably should have known of the factual basis for the wrongful death claim

Exceptions That Can Extend the Deadline

• Minors: the clock is generally paused while the injured person is under 18.
• Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
• Defendant leaves the state: absence can pause the clock in many circumstances.
• Government-claim trap: Presentment of written claim to public employer's executive officer within 2 years under Mass. Gen. Laws ch. 258, §4. If no written denial within 6 months, deemed denied. Suit must be filed within 3 years of accrual. For cities/towns: present to mayor, city/town manager, clerk, or counsel. For Commonwealth: present to Attorney General. Damages against government capped at $100,000 per claim, $500,000 per incident.
• Damage caps: No general cap on wrongful death damages against private defendants. Government entity claims capped at $100,000 per claim, $500,000 per incident under Massachusetts Tort Claims Act (ch. 258). Minimum punitive damages of $5,000 for malicious, willful, wanton, or reckless conduct.

Only executor or administrator of estate may file. Employers excluded from liability under this section. Railroad operators not liable for trespasser deaths. Separate survival action exists. Personal injury SOL must not have expired before death for wrongful death claim to be viable. Tolling for minors and incapacitated persons under ch. 260, §7.

Source: Mass. Gen. Laws ch. 229, §2, official Massachusetts statute · verified 2026-07

What to Do Before the Deadline Runs

1. Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
2. Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
3. Send preservation/notice letters where required (especially for Massachusetts government defendants).
4. If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.

How Massachusetts Compares to Nearby States

Frequently Asked Questions

Sources

This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Massachusetts attorney.