A Death Somebody Caused
G.L. c. 229, § 2 — the executor or administrator sues, within three years from the death
In Massachusetts, a person who by negligence causes the death of a person, or by a willful, wanton or reckless act causes a death the deceased could have sued over, is liable in damages; the section also reaches common carriers and breaches of warranty that cause death.
- The fair monetary value of the decedent to those entitled to the recovery, including expected net income, services, protection, care, assistance, society, companionship, comfort, guidance, counsel and advice.
- Reasonable funeral and burial expenses.
- Punitive damages of not less than $5,000 where the death was caused by malicious, willful, wanton or reckless conduct or gross negligence.
The executor or administrator brings it. Damages are recovered in an action of tort by the executor or administrator of the deceased.
Three years. The action is commenced within three years from the date of death, or within three years from when the executor or administrator knew, or should have known, the factual basis for it.
| The question | The statute's answer |
|---|---|
| The questionWho files | The statute's answerThe executor or administrator of the deceased |
| The questionWhat is compensated | The statute's answerThe decedent's fair monetary value to the family, funeral and burial expenses, and punitive damages for reckless conduct or gross negligence |
| The questionHow long | The statute's answerThree years from the death, or from when the factual basis was or should have been known |
How the recovery is divided, an employer's liability to its own employee, and conscious suffering before death are not all on this page. Whether a particular death gives rise to an action, and who should bring it, are questions for a licensed Massachusetts attorney.
Sources for this section (1)
- G.L. c. 229, § 2 — Wrongful death; damages
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Massachusetts attorney.