Massachusetts General Laws

Mass. Gen. Laws ch. 229, § 6 (2026)

Conscious suffering; recovery of damages

✓ current as of July 2026

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Section 6. In any civil action brought under section two or five A, damages may be recovered for conscious suffering resulting from the same injury, but any sum so recovered shall be held and disposed of by the executors or administrators as assets of the estate of the deceased.

Notes of Decisions

Cited in 29 cases (3 in the last 5 years), 1972–2024 · leading case: Pobieglo v. Monsanto Co., 521 N.E.2d 728 (Mass. 1988).

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Pobieglo v. Monsanto Co., 521 N.E.2d 728 (Mass. 1988). · cites it 12× “"May a discovery rule be applied in an action for conscious pain and suffering brought under Mass. Gen. Laws ch. 229, § 6 where, as a consequence of plaintiffs' good faith ignorance of the existence of grounds for a complaint, the action was commenced more than three years after…”

Klairmont v. Gainsboro Restaurant, Inc., 465 Mass. 165 (Mass. 2013). · cites it 2× “112, 118 (1988) (although G. L. c. 229, § 6, permits joinder of claim for decedent’s conscious pain and suffering with wrongful death claims in one action, they remain two separate causes of action, with conscious pain and suffering claim surviving pursuant to G.”

Santos v. Lumbermens Mut. Cas. Co., 556 N.E.2d 983 (Mass. 1990). · cites it 3× “229, § 2 (3), for punitive damages in such case where a decedent’s death was caused by the reckless conduct or gross negligence of the underinsured tortfeasor; (c) the claim of decedent’s estate under G. L. c. 229, § 6, for decedent’s conscious pain and suffering prior to his…”

McIntyre v. United States, 447 F. Supp. 2d 54 (D. Mass. 2006). · cites it 2× “Mass. Gen. Laws ch. 229, § 6 (“any sum so recovered shall be held and disposed of by the executors or administrators as assets of the estate of the deceased”).”

Heng Or v. Edwards, 818 N.E.2d 163 (Mass. App. Ct. 2004). · cites it 2× “229, § 2, and for her related conscious pain and suffering, G. L. c. 229, § 6, claiming these harms were brought about through the defendant landlords’ negligence in hiring or retaining an unfit person for a custodial entrustment.”

McIntyre v. United States, 367 F.3d 38 (1st Cir. 2004). · cites it 2× “McIntyre’s claims against the United States consisted of (1) three counts under Mass. Gen. Laws ch. 229, § 2 for civil conspiracy, negligence, and supervisory liability, causing McIntyre’s death and (2) three counts under Mass.”

Weinberg v. Grand Circle Travel, LCC, 891 F. Supp. 2d 228 (D. Mass. 2012). “Section 6 of the Wrongful Death Statute provides that damages for statutory wrongful death actions also may be recovered for conscious suffering, to be paid to the estate of the deceased.”

Keene v. Brigham & Women's Hosp., Inc., 775 N.E.2d 725 (Mass. App. Ct. 2002). “G. L. c. 229, § 6. The judge then turned to the two decisions in other jurisdictions which have addressed most directly the precise question before her — namely, whether, even if we assume that such damages are recoverable, the injured party must be conscious of his loss in…”

Gage v. City of Westfield, 532 N.E.2d 62 (Mass. App. Ct. 1988). “That showing is sufficient, in our view,- to overcome Conrail’s motion for summary judgment and to entitle the plaintiffs to proceed to trial, or, at least, to a preliminary hearing to determine the facts relevant to the evidentiary issues. c. Was there liability for conscious…”

Gaudette v. Webb, 284 N.E.2d 222 (Mass. 1972). “This action was started by a writ dated March 6, 1970, served on the defendants on March 9, 1970, and entered in the Superior Court on May 4, 1970. The question for our decision is whether, as matter of law, the statute of limitations had run against the causes of action for…”

Nelson v. Massachusetts Port Auth., 771 N.E.2d 209 (Mass. App. Ct. 2002). “229, § 2, and for conscious pain and suffering pursuant to G. L. c. 229, § 6, against the defendant, Massachusetts Port Authority (Massport).”

Lyon v. Triram Corp., 18 Mass. L. Rptr. 419 (Mass. Super. Ct. 2004). · cites it 3× “229, §2 (recovery of damages for wrongful death), and G.L.c. 229, §6 (recovery of damages for conscious suffering).”

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