Wrongful Death Complaint - Massachusetts

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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)

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

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, § 4 and M.G.L. c. 229, § 2.
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, and/or the events giving rise to this action occurred 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. 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.

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, permitting recovery under M.G.L. c. 229, § 2 of:
    a. Fair monetary compensation for the loss of reasonably expected net income, services, protection, care, and assistance;
    b. Reasonable funeral and burial expenses; and
    c. Punitive damages of not less than $5,000 where Defendant’s conduct was malicious, willful, wanton, or reckless, or constituted 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, suffering, and emotional distress 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.

COUNT III – FAIR MONETARY VALUE TO STATUTORY RECIPIENTS

(M.G.L. c. 229, §§ 1–2)

16. Plaintiff realleges ¶¶ 1-15.
17. The persons entitled under Sections 1 and 2 lost the fair monetary value of Decedent, including supported losses of reasonably expected net income, services, protection, care, assistance, society, companionship, comfort, guidance, counsel, and advice.

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.

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]

End of Template