The statute of limitations for wrongful death cases in Massachusetts is three years. This means you have three years from what is called the “date of discovery” to file a case, or you lose the ability to pursue justice in a Massachusetts civil court.

This is a narrow window of time for a civil wrongful death case. By contrast, there is no statute of limitations in Massachusetts for criminal death cases, such as murder and manslaughter.

Because the statute of limitations for wrongful death cases in Massachusetts is short, it is a good idea to file a civil case as quickly as possible after an accident.

One of the greatest challenges in injury and wrongful death cases is collecting and preserving evidence. Because civil cases are not held to the same evidentiary standards as criminal cases, there are no rules that require evidence associated with an accident to be preserved. Plaintiffs must act quickly to gather photographs, documents, physical evidence and testimony that describe the conditions that led up to an accident. Retaining a personal injury lawyer within days after an accident is the best way to ensure that valuable evidence is preserved.

Are There Any Exceptions to the Statute of Limitations?

The wrongful death statute of limitations in Massachusetts is based on the “date of discovery,” which is the date that an accident or act of negligence created an injury that led to an individual’s death. There are extremely rare circumstances where the date of discovery can take place outside the statute of limitations.

For example, a patient may die from surgical complications if surgical equipment like sponges or hemostats are left in the body. This can occur several years after the surgical procedure but would generally be preceded by several years of pain or health problems.

Another exception would be the discovery of evidence, such as video showing extreme negligence, several years after a person died.

These examples are so rare that most Boston wrongful death attorneys have never encountered them in their careers. Date of discovery rules allow the statute of limitations to reset if new evidence involving accidental death comes to light, but this is very unlikely to happen given how thoroughly an accident can be investigated today.

Get Your Case Evaluated

The wrongful death and personal injury lawyers at Sheff Law work on a contingency fee basis. There are no costs to you unless you receive a settlement or court award. Case evaluations are free and come with no obligation.

If a loved one has been hurt in an accident, we encourage you to call us as soon as possible at 1-888-423-4477 or contact us online. We will help you understand if you have a case and begin working immediately to get compensation if you do.