Massachusetts Wrongful Death Settlement Calculator
Mass. Gen. Laws ch. 229, §2 — 3 years from the date of death, or 3 years from when the estate's executor or administrator discovered the claim, whichever governs. Only the executor or administrator may file. No statutory cap on contingency fees, only a reasonableness standard.
How much is a Massachusetts wrongful death settlement worth? This review did not verify settlement-value data for Massachusetts, so no figure is given here. What is established: the 3-year filing deadline under Mass. Gen. Laws ch. 229, §2, and the rule that only the estate's executor or administrator may bring the claim.
⚖ Mass. Gen. Laws ch. 229, §2: 3 years from the date of death, or 3 years from discovery of the claim by the estate's executor or administrator. Only the executor or administrator may file — family members cannot sue directly.
Su lesión
Su Acuerdo Estimado
$36,000 — $66,000
Dolor y sufrimiento = $15,000 en facturas médicas × multiplicador de gravedad de 3.0. Sus facturas ya están incluidas en esa cifra, por lo que no se suman de nuevo.
What you'd actually take home
- Estimated settlement
- $51,000
- Attorney fee (33–40%)
- −$17,000 to −$20,400
- Roughly yours
- $30,600 – $34,000
Not included: case costs (court filing, expert witnesses, medical records) and any medical liens or health-insurance reimbursement. Those come out of your share too, so treat the figure above as an upper bound.
Keep this estimate — it is gone when you close the tab.
Revisado Editorialmente — Contenido revisado en cuanto a exactitud utilizando investigación legal publicada, datos gubernamentales y registros judiciales verificados. Vea nuestra metodología
Reviewed by Leonard Goldberg, Editor · Last updated
Massachusetts Wrongful Death — Filing Deadline and Who May Sue
Under Mass. Gen. Laws ch. 229, §2, a Massachusetts wrongful death action generally must be brought within three years from the date of death. But the statute sets the clock with a discovery rule as well: it runs "within three years from the date of death, or within three years from the date when the deceased's executor or administrator knew, or in the exercise of reasonable diligence, should have known of the factual basis for a cause of action, or within such time thereafter as is provided by section four, four B, nine or ten of chapter two hundred and sixty." In practice, that means the three years can begin later than the date of death, if the estate's executor or administrator did not and could not reasonably have known the factual basis for the claim at the time of death.
The statute also cross-references Massachusetts' general tolling provisions — G.L. c. 260, §§4, 4B, 9, and 10 — which can extend the deadline further in specific circumstances, such as the claimant's minority, incapacity, or the defendant's fraudulent concealment of the cause of action. Only the executor or administrator of the decedent's estate may bring a wrongful death action — the statute names "the executor or administrator of the deceased" as the party who sues. A surviving spouse, child, or parent cannot file the claim individually, even though they are the statutory beneficiaries entitled to the recovery. The personal representative brings and controls the action, and distributes any recovery according to the statutory scheme under chapter 229.
On attorney fees, Massachusetts sets no statutory percentage cap on contingency fee agreements. The applicable standard, under Mass. R. Prof. C. 1.5(a), is that a fee may not be "clearly excessive" — a reasonableness ceiling rather than a fixed rate. There is one narrower exception in medical malpractice cases: if the payout does not cover the client's outstanding medical bills, the fee agreement is enforceable only if the fee is reduced — to 20%, or to whatever amount the recovery actually covers, depending on the circumstances.
Massachusetts Wrongful Death FAQs
Who can file a wrongful death claim in Massachusetts?
Only the executor or administrator of the decedent's estate, under Mass. Gen. Laws ch. 229, §2. A surviving spouse, child, or parent cannot file the claim directly — they are statutory beneficiaries of any recovery, not the party who sues.
How long do I have to file a wrongful death claim in Massachusetts?
Three years, but the trigger date can vary. The statute runs three years from the date of death, or three years from when the estate's executor or administrator knew, or through reasonable diligence should have known, of the factual basis for the claim — whichever governs on the facts.
Can the three-year deadline be extended beyond the discovery rule?
Yes, in specific circumstances. Mass. Gen. Laws ch. 229, §2 cross-references Massachusetts' general tolling statutes — G.L. c. 260, §§4, 4B, 9, and 10 — which can extend the deadline for reasons such as minority, incapacity, or the defendant's fraudulent concealment of the claim.
How much is a Massachusetts wrongful death settlement worth?
This review did not verify settlement-value data for Massachusetts, so no median, average, or typical range is given here. Value depends on case-specific facts that were not part of this review.
Why can't family members file the claim themselves?
The statute names "the executor or administrator of the deceased" as the party who brings the action. Family members are the statutory beneficiaries who receive the recovery, but the personal representative of the estate is the one who sues and controls the case.
Is there a cap on the attorney's contingency fee in a Massachusetts wrongful death case?
No statutory percentage cap. The governing standard under Mass. R. Prof. C. 1.5(a) is that a fee cannot be "clearly excessive" — a reasonableness limit, not a fixed rate you should expect to pay.
Does the fee rule change in a medical malpractice wrongful death case?
Yes, in one narrow situation. If the settlement or award does not cover the client's outstanding medical bills, the fee agreement is enforceable only if the fee is reduced to 20%, or to whatever amount the recovery actually covers.
What is the difference between the date of death and the discovery date for the filing deadline?
Mass. Gen. Laws ch. 229, §2 allows the three-year clock to start from either point. Ordinarily it runs from the date of death. But if the estate's executor or administrator did not know, and could not reasonably have known, the factual basis for the claim at that time, the three years can instead run from the date that knowledge existed or should have existed.
Related
Wrongful Death Calculators by State
Wrongful-death damages, caps, and who can file vary by state:
Other Calculators for Massachusetts
Each Massachusetts calculator reflects state-specific laws (caps, statutes of limitations, comparative-negligence rules) and uses Massachusetts verdict data where available.