Wrongful Death Complaint - Massachusetts

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)

Filing attachment: Complete and sign the separate Superior Court Civil Action Cover Sheet, including an itemized statement of damages where appropriate. File it with this complaint and serve a copy with the complaint. Mass. Super. Ct. R. 29(1)–(2).

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 – Conscious Pain & Suffering (M.G.L. c. 229, § 6)

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], ss. SUPERIOR COURT DEPARTMENT
DOCKET NO. [____________]

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.

“Eligible Beneficiaries” means the persons entitled under the shares incorporated from M.G.L. c. 229, § 1: [SURVIVING SPOUSE / ONE CHILD OR ISSUE / MULTIPLE CHILDREN OR ISSUE / NEXT OF KIN IF NO SPOUSE]. Plaintiff will apply the exact statutory shares and right-of-representation rules to the proven family structure.

“Defendant” means each person or entity named as a defendant in the caption. Identify each defendant's own conduct, or the factual basis for liability for an agent's or servant's conduct while engaged in that defendant's business, in the allegations below.

3. OPERATIVE ALLEGATIONS

3.1 Parties

1. Plaintiff, [PLAINTIFF NAME], is the duly appointed [EXECUTOR / ADMINISTRATOR] of the Estate of Decedent by the [APPOINTING COURT], Docket No. [PROBATE DOCKET #], and brings this action in the capacity authorized by M.G.L. c. 229, § 2.
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, §§ 3–4, and M.G.L. c. 229, § 2. Based on [DESCRIBE THE EXPECTED RECOVERY], there is no reasonable likelihood that recovery will be $50,000 or less, exclusive of interest and costs, under the Supreme Judicial Court’s order effective January 1, 2020.
5. Venue is proper in this County under M.G.L. c. 223, § 1 because a party lives or has a usual place of business here.
6. [State any additional facts needed to establish jurisdiction or venue for a particular defendant.]

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. If Chapter 258 applies, Plaintiff timely presented the claim in writing to the statutorily designated executive officer within two years after the cause of action arose and satisfied the final-denial provisions of M.G.L. c. 258, § 4. [State dates and recipient, or delete if inapplicable.]
10. All conditions precedent to suit have been satisfied, excused, or waived.
    10A. This action was commenced within the period allowed by M.G.L. c. 229, § 2 because [STATE THE DATE OF DEATH, FILING DATE, AND ANY LATER DISCOVERY OF THE FACTUAL BASIS OR APPLICABLE EXTENSION].
    10B. The exclusions in M.G.L. c. 229, § 2 concerning an employer's liability to a person in its employment and certain deaths on railroad or street-railway property do not apply because [STATE FACTS, OR OMIT THIS PARAGRAPH IF AN EXCLUSION REQUIRES SEPARATE ANALYSIS].

4. CAUSES OF ACTION

COUNT I – WRONGFUL DEATH

(M.G.L. c. 229, § 2)

11. Plaintiff realleges ¶¶ 1-10B.
12. Defendant owed Decedent a duty of reasonable care and breached that duty by [SPECIFIC NEGLIGENCE]. [If punitive damages are sought, separately allege facts showing malicious, willful, wanton, or reckless conduct, or gross negligence that caused the death.]
13. Defendant’s breach caused Decedent’s death, permitting recovery under M.G.L. c. 229, § 2 of:
    a. The fair monetary value of Decedent to the statutory recipients, including supported losses of reasonably expected net income, services, protection, care, assistance, society, companionship, comfort, guidance, counsel, and advice;
    b. Reasonable funeral and burial expenses; and
    c. If the heightened conduct alleged above is proved to have caused the death, punitive damages of not less than $5,000 for malicious, willful, wanton, or reckless conduct, or gross negligence.

COUNT II – CONSCIOUS PAIN AND SUFFERING

(M.G.L. c. 229, § 6; see also the general survival-of-actions statute, M.G.L. c. 228, § 1)

14. Plaintiff realleges ¶¶ 1-13.
15. Decedent endured conscious pain and suffering from the time of injury until death. Pursuant to M.G.L. c. 229, § 6, damages for this conscious suffering are recoverable in this civil action brought under M.G.L. c. 229, § 2, and any sum so recovered shall be held and disposed of by Plaintiff, as Personal Representative, as an asset of Decedent's Estate.

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 prejudgment interest under G.L. c. 231, § 6B, and postjudgment interest under G.L. c. 235, § 8, as applicable;
D. Awarding recoverable costs of suit;
E. Granting such other relief as the Court deems just and proper under the pleaded claims.

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 may amend this Complaint as permitted by Mass. R. Civ. P. 15, including by leave of court or written consent of the adverse party when required.

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
Complete this certificate only after initial service. I certify that on [__/__/____], the summons and a copy of the Complaint were served together on each Defendant by [SHERIFF / DEPUTY SHERIFF / SPECIAL SHERIFF / OTHER PERSON AUTHORIZED UNDER MASS. R. CIV. P. 4(c)], as shown by the attached return of service. Rule 4(j) generally requires service within 90 days after filing, absent good cause.

__________________________________
[ATTORNEY NAME]

End of Template