Wrongful Death Settlements in Massachusetts
If you have been involved in a wrongful death in Massachusetts, understanding how the state's personal injury laws affect your claim is essential. Massachusetts follows the modified comparative fault (51% bar) system, and you have 3 years from the date of your injury to file a lawsuit.
Wrongful Death Settlement Range in Massachusetts
Nationally, wrongful death settlements range from $100,000 to $5,000,000. In Massachusetts, settlement values are influenced by the state's fault rules, damage caps, and local jury tendencies.
Low
$100,000
Estimated
$500,000
High
$5.0M
How Massachusetts Law Affects Your Wrongful Death Claim
Massachusetts uses a modified comparative fault system with a 51% bar and has no statutory cap on compensatory or non-economic damages in personal injury cases. The state's mandatory automobile insurance and no-fault PIP system affect how car accident claims are processed before a tort lawsuit can be filed. Boston is home to a highly active plaintiffs' bar, contributing to above-average settlement values.
Under Massachusetts's modified comparative fault (51% bar) system, your settlement may be affected if you share any responsibility for the accident. Your recovery will be reduced by your fault percentage, and you are barred from recovery if your fault reaches 51% or more.
Factors Affecting Wrongful Death Claims in Massachusetts
- ✓Decedent's age, income, and earning potential
- ✓Number and financial dependency of surviving beneficiaries
- ✓Circumstances and degree of negligence
- ✓Decedent's pain and suffering prior to death
- ✓Loss of consortium and companionship
- ✓Funeral and burial expenses
- ✓State wrongful death statute limitations
Common Wrongful Death Injuries
Relevant Massachusetts Statutes
- •Mass. Gen. Laws ch. 260, § 2A (statute of limitations)
- •Mass. Gen. Laws ch. 231, § 85 (modified comparative fault, 51% bar)
- •Mass. Gen. Laws ch. 140, § 155 (dog bite strict liability)
Wrongful Death Claims in Massachusetts Cities
If your wrongful death occurred in Boston, Worcester, Springfield, Cambridge, Lowell, or anywhere else in Massachusetts, the same state laws apply. Local court systems and jury pools can also influence settlement outcomes.
This information is for educational purposes only and is not legal advice. Consult a licensed personal injury attorney in your state.