Legal Notice & Disclaimer
This template is provided for general informational purposes only and does not constitute legal advice, nor does it create an attorney-client relationship. Wrongful-death practice in Massachusetts is highly fact-specific and subject to strict statutory, procedural, and evidentiary requirements. A qualified Massachusetts attorney must review, tailor, and file any complaint generated from this template to ensure accuracy and compliance with current law, court rules, and local practices.

WRONGFUL DEATH COMPLAINT

Commonwealth of Massachusetts – Superior Court Department

(Template – Court-Ready Draft for Attorney Customization)

[// GUIDANCE: Insert on firm letterhead if desired; double-space text to comply with Mass. R. Civ. P. formatting conventions.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Allegations
   3.1 Parties
   3.2 Jurisdiction & Venue
   3.3 Statement of Facts
4. Causes of Action
   Count I – Wrongful Death (M.G.L. c. 229, § 2)
   Count II – Survival Action / Conscious Pain & Suffering (M.G.L. c. 228, § 1)
   Count III – Economic & Consortium Damages to Eligible Beneficiaries
5. Damages & Prayer for Relief
6. Jury Demand
7. Reservation of Rights
8. Verification, Signature & Certificate of Service

1. DOCUMENT HEADER

COMMONWEALTH OF MASSACHUSETTS
[COUNTY] SUPERIOR COURT DEPARTMENT
DOCKET NO. _____

[PLAINTIFF], as Personal Representative
of the Estate of [DECEDENT],

Plaintiff,

v.

[DEFENDANT] and [ADDITIONAL DEFENDANTS],

Defendants.
COMPLAINT AND DEMAND FOR JURY TRIAL
(WRONGFUL DEATH – M.G.L. c. 229, § 2)

2. DEFINITIONS

For purposes of this Complaint, the following capitalized terms have the meanings set forth below:

“Decedent” means [DECEDENT FULL NAME], date of birth [DOB], who died on [DATE OF DEATH].

“Incident” means the events occurring on or about [DATE OF INCIDENT] at or near [LOCATION] giving rise to this action.

“Beneficiaries” means those persons entitled to recover under M.G.L. c. 229, § 2, including, without limitation, Decedent’s [SPOUSE/CHILDREN/PARENTS/NEXT OF KIN] (collectively, the “Eligible Beneficiaries”).

“Defendant(s)” includes [DEFENDANT LEGAL NAME(S)] and any predecessors, successors, agents, servants, employees, or alter-ego entities whose conduct is alleged herein.

[// GUIDANCE: Add or delete defined terms to suit case complexity; maintain consistency throughout.]

3. OPERATIVE ALLEGATIONS

3.1 Parties

1. Plaintiff, [PLAINTIFF NAME], is the duly appointed Personal Representative of the Estate of Decedent by the [NAME OF PROBATE COURT], Docket No. [PROBATE DOCKET #], and brings this action on behalf of the Estate and all Eligible Beneficiaries.
2. Defendant, [DEFENDANT NAME], is a [CORPORATION/PARTNERSHIP/INDIVIDUAL] organized under the laws of [STATE] with its principal place of business at [ADDRESS], and conducted business in Massachusetts at all relevant times.
3. [Add additional defendants and capacity allegations as needed.]

3.2 Jurisdiction & Venue

4. This Court has subject-matter jurisdiction under M.G.L. c. 212, § 4 and M.G.L. c. 229, § 2.
5. Venue is proper in this County under G.L. c. 223, §§ 1 & 2 because the Incident occurred here and/or Defendants do business here.
6. No federal jurisdiction is invoked; Plaintiff expressly selects the state forum.

3.3 Statement of Facts

7. On [DATE OF INCIDENT], Decedent was lawfully present at [LOCATION] when Defendant negligently, recklessly, and/or willfully [BRIEF DESCRIPTION OF WRONGFUL CONDUCT].
8. As a direct and proximate result of Defendant’s conduct, Decedent sustained severe injuries, conscious pain and suffering, and ultimately death on [DATE OF DEATH].
9. Plaintiff complied with all statutory notice requirements, including the six-month presentment period, if applicable.
10. All conditions precedent to suit have been satisfied, excused, or waived.

[// GUIDANCE: Expand factual allegations with specificity sufficient to satisfy Mass. R. Civ. P. 8(a) and Iqbal/Twombly plausibility standards.]

4. CAUSES OF ACTION

COUNT I – WRONGFUL DEATH

(M.G.L. c. 229, § 2)

11. Plaintiff realleges ¶¶ 1-10.
12. Defendant owed Decedent a duty of reasonable care and breached that duty by [SPECIFIC NEGLIGENCE].
13. Defendant’s breach caused Decedent’s death, entitling Eligible Beneficiaries to recover:
    a. Fair monetary compensation for the loss of reasonably expected net income, services, protection, care, and assistance;
    b. Conscious pain and suffering and medical expenses between injury and death;
    c. Reasonable funeral and burial expenses; and
    d. Punitive damages where Defendant’s conduct was willful, wanton, or reckless.

COUNT II – SURVIVAL ACTION

(Conscious Pain & Suffering – M.G.L. c. 228, § 1)

14. Plaintiff realleges ¶¶ 1-13.
15. Decedent endured conscious pain, suffering, and emotional distress from the time of injury until death, for which the Estate is entitled to recover.

COUNT III – ECONOMIC & CONSORTIUM DAMAGES

(Eligible Beneficiaries)

16. Plaintiff realleges ¶¶ 1-15.
17. Eligible Beneficiaries suffered loss of consortium, society, companionship, guidance, and counsel as recognized under Massachusetts law.

5. DAMAGES & PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment:

A. Awarding compensatory damages in an amount to be determined at trial;
B. Awarding punitive damages pursuant to M.G.L. c. 229, § 2 where legally permissible;
C. Awarding pre- and post-judgment interest in accordance with G.L. c. 231, § 6B;
D. Awarding reasonable costs and attorney’s fees as allowed by law;
E. Granting such other and further relief, including limited injunctive relief to preserve assets, as the Court deems just and proper.

[// GUIDANCE: Massachusetts generally imposes a $500,000 cap on non-economic damages in medical-malpractice wrongful-death actions (G.L. c. 231, § 60H) unless statutory exceptions apply. Plead over the cap to preserve arguments.]

6. JURY DEMAND

Pursuant to Mass. R. Civ. P. 38(b) and Article XV of the Massachusetts Declaration of Rights, Plaintiff demands a trial by jury on all issues so triable.

7. RESERVATION OF RIGHTS

Plaintiff reserves the right to amend this Complaint to add parties, claims, or damages as discovery warrants and to seek equitable relief to the extent permitted by law.

8. VERIFICATION, SIGNATURE & CERTIFICATE OF SERVICE

[PLAINTIFF NAME]
By Counsel,

[ATTORNEY NAME] (BBO #_____)
[FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]

Date: ____

VERIFICATION
I, [PLAINTIFF NAME], swear under the pains and penalties of perjury that I have read the foregoing Complaint and that the facts stated herein are true to the best of my knowledge, information, and belief.

[PLAINTIFF NAME], Personal Representative

CERTIFICATE OF SERVICE
I hereby certify that a true copy of the foregoing Complaint was served this day upon all counsel of record by [FIRST-CLASS MAIL / ECF / HAND DELIVERY].

[ATTORNEY NAME]

[// GUIDANCE:
1. Attach a civil action cover sheet and summons for each defendant per Mass. R. Civ. P. 4.
2. File an Affidavit of Damages if required by Superior Court standing orders.
3. Ensure probate appointment documentation is current and filed with the Complaint.
4. Review statute-of-limitations tolling and presentment rules (e.g., 3-year wrongful death SOL; 2-year notice to public employer under G.L. c. 258).]

End of Template