States With Caps on Wrongful Death Damages

By the FigureMyTax Editorial Team · How we calculate

Massachusetts is the counterexample to the capped states: no ceiling in the statute, and a built-in minimum for punitive damages.

No cap in the statute

G.L. c. 229 §2 measures damages by the fair monetary value of the decedent to the people entitled to recover, plus funeral and burial expenses, and states no dollar limit on either. Other laws can still bite: a death from medical malpractice is reported to be subject to the $500,000 noneconomic limit, and claims against a public employer fall under the Tort Claims Act's $100,000 cap.

A punitive damages floor

Where the death was caused by the malicious, willful, wanton or reckless conduct of the defendant, or by gross negligence, the statute provides for punitive damages of not less than $5,000, with no stated maximum. Massachusetts is described as one of the few states allowing punitive damages in wrongful death cases.

How other states compare

Maine caps noneconomic wrongful death damages at $1,000,000 adjusted for inflation. Maryland caps them at a figure that rises $15,000 each October and grows by half when two or more beneficiaries share. Kansas holds its cap at $250,000. Massachusetts has none of those limits in the statute, which makes the defendant's identity and the fault rule more important than any dollar ceiling.

Fault still shapes the number

Under c. 231 §85 the decedent's share of fault diminishes compensatory damages proportionally, and a share greater than the defendants' combined bars the claim.

Official sources

• M.G.L. c. 231, § 85 — comparative negligence
• M.G.L. c. 260, § 2A — tort deadline
• M.G.L. c. 229, § 2 — wrongful death

This is general information, not legal advice, and the jurisdiction comparisons above are illustrative, not an exhaustive survey. Confirm the current rule with a licensed attorney.