What is the Massachusetts wrongful death deadline?

Under G.L. c. 229 §2, an action must be commenced within three years from the date of death, or within three years from the date the executor or administrator knew, or with reasonable diligence should have known, of the factual basis for a cause of action, or within such time as sections 4, 4B, 9 or 10 of chapter 260 provide.

Is there a discovery rule?

Yes, built into the wrongful death statute itself. The second three-year window runs from when the executor or administrator knew or should have known of the factual basis for the claim.

What is the deadline for an ordinary personal injury claim?

Generally 3 years, so the wrongful death clock is the same length but is counted from the death or from the executor's knowledge rather than from the injury.

What if the death followed medical malpractice?

Medical malpractice has its own 3-year period under c. 260 §4 and a 7-year statute of repose measured from the negligent act, with an exception for foreign objects. A malpractice-related death should be checked against both clocks, plus the tribunal procedure.

What if the defendant is a government entity?

The Massachusetts Tort Claims Act requires written presentment to the public employer within two years, a much shorter window than the general three-year period, and caps liability at $100,000.

Wrongful Death Deadline vs. Personal Injury Statute of Limitations

By the FigureMyTax Editorial Team · How we calculate

Massachusetts counts wrongful death from the death or from when the executor learned of the claim — and treats malpractice and government cases on shorter or stricter clocks.

Three years, two ways to start the clock

G.L. c. 229 §2 requires an action within three years from the date of death, or within three years from the date the 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 the time provided by sections 4, 4B, 9 or 10 of chapter 260. The discovery language is part of the wrongful death statute itself.

The injury deadline is the same length

An ordinary personal injury claim in Massachusetts generally gets three years as well. The difference is the starting point: the wrongful death clock runs from the death or the executor's knowledge, not the original injury.

Malpractice: a second clock and a hard stop

For a death after medical malpractice, c. 260 §4 sets a 3-year limitations period with a 7-year statute of repose from the negligent act. The repose period applies regardless of when the injury was discovered, with an exception for foreign objects. The malpractice tribunal procedure applies as well.

Government defendants: two years

Under the Massachusetts Tort Claims Act, written presentment within two years is required before suing a state or local public employer, which is also subject to a $100,000 cap. Missing the shorter window can end a claim that would have been timely against a private defendant.

Injured in Massachusetts?

A local personal injury attorney can review your claim — many offer a free consultation.

Talk to a Massachusetts attorney

Official sources

This is general information, not legal advice, and deadline rules allow little room for error. Confirm the exact deadline for your situation with a licensed Massachusetts attorney immediately.