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H 1971

An Act to restore the statute of limitations for wrongful death claims

194th Legislature (2025-2026) Introduced by Jeff Roy

Massachusetts bill would extend the time period for families to file wrongful death lawsuits, potentially restoring access to courts for cases involving delayed injury discovery.

Accompanied a study order, see H5281 (under House Rule 27)
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Bill Summary · H 1971

Legislative bill overview

H.1971 proposes to restore the statute of limitations for wrongful death claims in Massachusetts. This bill would modify existing time constraints that currently limit how long after a person's death their survivors can file a wrongful death lawsuit. The specific changes to timelines and circumstances are not detailed in the actions provided, though the hearing scheduled for September 2025 will likely clarify the proposed restoration.

Why is this important

Statutes of limitations balance two competing interests: giving survivors reasonable time to pursue justice and closure while preventing defendants from facing indefinitely delayed litigation. Wrongful death cases often involve discovering hidden causes (medical negligence, product defects, environmental exposure) that may take years to identify. How Massachusetts sets this deadline directly affects whether families can obtain accountability and compensation for deaths caused by negligence or misconduct.

Potential points of contention

  • Defendant burden: Extending the statute of limitations increases the window during which defendants (individuals, companies, institutions) can face decades-old claims, with challenges in gathering evidence or witnesses
  • "Restoration" vs. expansion: The bill's framing as "restore" suggests returning to a previous rule; stakeholders will debate whether the prior standard was appropriate or whether current limits already suffice
  • Medical malpractice implications: If wrongful death from healthcare errors is a target, medical providers and malpractice insurers will likely oppose, citing litigation cost impacts on healthcare availability

Compiled from official sources — confirm details with the bill’s official record.

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