Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1971

Introduced
2/27/25  

Caption

To restore the statute of limitations for wrongful death claims

Impact

If enacted, H1971 would fundamentally change the application of the statute of limitations under Chapter 229 of the General Laws. The proposed amendments state that an action to recover damages is not contingent upon the filing of any related personal injury claim by the decedent. Therefore, families could proceed with wrongful death claims even if the injured party did not file a timely claim, offering a retroactive opportunity to pursue justice and compensation for losses sustained due to wrongful death. This change could significantly empower families in claiming rightful damages linked to wrongful death incidents.

Summary

House Bill 1971, known as an Act to restore the statute of limitations for wrongful death claims, aims to amend existing law regarding the timeframe for filing these claims in the Commonwealth of Massachusetts. Currently, the statute of limitations can complicate the ability of representatives of decedents to seek damages for wrongful deaths, particularly when relating to personal injury claims that may not have been timely filed. This proposed legislation seeks to clarify and extend the opportunities for such claims to be brought forward, enhancing the legal recourse for affected families.

Contention

The bill might encounter contention over its retroactive provisions, which elevate concerns about its implications for existing legal cases. Critics may argue that such retroactive measures could overwhelm the legal system or allow claims that should have been brought forward in more timely manners. On the other hand, supporters will likely push back on these criticisms by emphasizing the importance of ensuring justice for families who have suffered due to wrongful death, arguing that the chance to seek damages should not be restricted by procedural timelines dictated by potentially unforeseen circumstances surrounding personal injuries.

Companion Bills

MA H5281

Replaced by Study Order

Previously Filed As

MA S1139

To restore the statute of limitations for deaths due to tobacco use

MA H1965

Relative to compensation for victims of wrongful conviction

MA S0713

Prenatal Wrongful Death

MA H4715

Prenatal Wrongful Death

MA H1517

Civil Liability for the Wrongful Death of an Unborn Child

MA H5661

Expands the statute of limitations with respect to any wrongful act resulting in the death of a child in utero or within six (6) months after the birth of the child, to ten (10) years after the death of the child.

MA HB2235

Wrongful convictions; increasing liability amount for claims of wrongful incarceration; codification.

MA HB2235

Wrongful convictions; increasing liability amount for claims of wrongful incarceration; codification.

MA H0289

Civil Liability for the Wrongful Death of an Unborn Child

MA H7207

Expands the statute of limitations with respect to any wrongful act resulting in the death of a child in utero or within six (6) months after the birth of the child, to ten (10) years after the death of the child.

Similar Bills

No similar bills found.