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HD 2871

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

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

Massachusetts bill extends wrongful death lawsuit filing deadline, giving families more time to pursue claims but potentially exposing defendants to decades-old liability.

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Bill Summary · HD 2871

Legislative bill overview

HD 2871 would extend or restore the statute of limitations for wrongful death claims in Massachusetts, allowing families to pursue legal action beyond the current time restrictions. The bill addresses cases where deaths resulted from negligence, intentional harm, or other actionable conduct. This would give plaintiffs a longer window to file lawsuits after a person's death.

Why is this important

Wrongful death statutes of limitations significantly impact grieving families' ability to seek justice and financial recovery. Extended timelines could help address cases involving delayed discovery of harm (such as occupational diseases, medical malpractice, or product defects) or situations where families were previously unaware of liability. Conversely, this affects defendants' ability to close matters and move forward with finality.

Potential points of contention

  • Fairness to defendants: Extending the statute of limitations makes it harder for individuals and organizations to defend themselves decades later when witnesses may be deceased, memories faded, and evidence lost
  • Insurance and liability: Businesses and professionals may face unexpected liability exposure, potentially increasing insurance costs and affecting pricing for consumers
  • Discovery rule interpretation: The bill's specific language about when the clock starts (discovery of harm vs. date of death) will determine real-world impact and create interpretive disputes

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

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