Damages for Loss of Companionship Under Massachusetts Law

Losing a family member due to someone else’s negligence is heartbreaking. The impact goes far beyond financial loss. Massachusetts law recognizes that these emotional and relational harms matter, allowing surviving family members to seek compensation for the companionship and support they’ve lost.

This article discusses how Massachusetts law recognizes and compensates the loss of companionship endured by surviving family members.

How does Massachusetts view wrongful death damages?

Under Chapter 229 of the Massachusetts General Laws, damages are available when death is caused by negligence or willful, wanton, or reckless conduct. Massachusetts courts also recognize wrongful death claims based on breach of warranty.

Section 2 of Chapter 229 is intentionally broad. While some states focus mainly on the financial loss to the estate, Massachusetts measures damages by the fair monetary value of the decedent to the statutory beneficiaries, including the loss of companionship, society, and guidance. Courts refer to these as “consortium-type damages” because they all include the emotional and practical support the deceased provided.

Loss of consortium vs. loss of companionship

People often use these terms interchangeably, but they have different meanings in Massachusetts wrongful death cases. Loss of consortium typically refers to the harm a surviving spouse suffers, including the loss of companionship, affection, and intimacy. Other family members, like children who’ve lost a parent, recover from emotional losses through claims such as loss of companionship or parental guidance.

Both types of loss can be compensated in Massachusetts. In wrongful death cases, consortium-type damages must be included in the wrongful death action brought by the personal representative, rather than filed as a separate lawsuit. These damages are included in the claim, which is filed by the personal representative of the deceased’s estate.

Who can claim loss of companionship damages?

Massachusetts law defines beneficiary categories. Under Chapter 229, Section 1, the beneficiaries entitled to wrongful death damages are defined in a specific order of priority. Damages are distributed according to the statutory shares set out in § 1, which prioritize a surviving spouse and children, and if none, the next of kin.

Because these rules can lead to unexpected outcomes, it’s a good idea to talk to a wrongful death lawyer to find out who qualifies in your family’s situation.

Surviving spouse

A surviving spouse may recover damages for the loss of companionship, comfort, affection, intimacy, and the mutual support of the marriage.

Children

Both minor and adult children may recover for the loss of parental guidance, care, counsel, and emotional support. Courts tend to give significant weight to the losses suffered by younger children, who face years without a parent’s presence.

Next of kin

If there is no surviving spouse or children, damages will pass to the next of kin in accordance with Massachusetts law (recipients may include parents or siblings). For example, if an unmarried adult child dies, the parents may seek damages for the loss of their child’s love and companionship.

How courts evaluate loss of companionship damages

Loss of companionship and consortium damages are non-economic, so there’s no formula or receipt to determine their value. These losses are subjective, and when claims go to trial, a jury must assign a monetary value to what is and what isn’t an intangible loss. Since the assessment can vary from case to case, how evidence is presented plays a critical role in the outcome.

Factors that influence the value of these damages

Courts and juries alike typically weigh several factors when determining the value of consortium-type damages.

Closeness of the relationship

Evidence of a strong, involved relationship between the deceased and the surviving family member generally supports a higher award.

The deceased’s role in the household

If the deceased was the main caretaker, emotional anchor, or daily presence in the family, the loss may be considered more significant.

Age and health of the deceased

A younger person in good health represents more years of lost companionship, which can result in a higher valuation.

Age and needs of the survivors

Young children who lose a parent during their formative years, for instance, often receive greater consideration from juries.

Emotional impact on the survivors

Testimony from family members, friends, counselors, or other witnesses about the depth of grief and disruption to daily life can play a meaningful role in the jury’s assessment.

Other damages in a wrongful death case

Loss of companionship is only one part of a wrongful death claim. Massachusetts law also allows an estate to recover the decedent’s expected net income, funeral and burial costs, and, in cases of malicious, willful, wanton, reckless conduct, or gross negligence, at least $5,000 in punitive damages.

Additionally, Section 6 also allows the estate to recover for the decedent’s pain and suffering between injury and death. Taken together, these damages are intended to show the full impact of the loss on the family.

The statute of limitations for wrongful death claims

In Massachusetts, a wrongful death lawsuit usually must be filed within three years of the date of death, subject to limited circumstances where the discovery rule may apply. Because setting up an estate, appointing a representative, and collecting evidence can take time, it’s important to get legal help early.

How to bring a wrongful death claim

Unlike a typical personal injury case, a wrongful death claim isn’t filed by the surviving family members directly. The case has to be brought by the executor or administrator of the deceased’s estate, who is appointed by a probate court.

The personal representative files the lawsuit on behalf of the statutory beneficiaries and manages the distribution of any damages recovered. Wrongful death damages are distributed to statutory beneficiaries in accordance with G.L. c. 229, § 1 rather than through the decedent’s will or general intestate succession laws. However, damages recovered for conscious suffering under § 6 are assets of the estate and are distributed under the will or intestacy.

This process, along with the challenge of valuing a familial relationship, makes it important to work with legal counsel, especially a wrongful death lawyer. Insurance companies often try to downplay consortium-type damages. To show the jury how deep the loss is, families can gather and present evidence such as:

• Personal stories;
• Photos;
• Records of shared activities; and
• Experiences.

Seeking the compensation your family deserves

Losing a loved one changes a family forever. No amount of money can truly make up for that loss. Still, Massachusetts law gives surviving family members a way to hold negligent parties responsible and receive compensation that reflects the value of the relationship they lost.

If you’ve lost a family member because of someone else’s negligence, contact Santoro & Gray today to talk with a wrongful death lawyer about your options.