The loss of a loved one is always difficult, but when their death was caused by someone else’s negligence or wrongful actions, it can feel even more painful. In Kansas, wrongful death laws allow certain surviving family members to pursue justice and compensation. While no amount of money can bring a person back, a legal claim can help ease the financial burdens that often follow an unexpected loss.
Who Can File a Wrongful Death Claim in Kansas?
Kansas law allows any heir at law of the deceased to file a wrongful death lawsuit. This includes:
- A spouse
- Children (including adopted children)
- Parents
- Other legal heirs under Kansas inheritance laws
Unlike many states, Kansas does not require a personal representative or estate executor to file the claim. Any eligible heir may bring the lawsuit on behalf of all heirs, and damages are distributed according to the individual losses of each family member.
What Is Considered a Wrongful Death?
A wrongful death in Kansas occurs when a person dies due to the negligence, wrongful act, or omission of another individual, company, or organization. Common causes include:
- Motor vehicle crashes
- Medical malpractice
- Nursing home neglect
- Defective products
- Dangerous property conditions
- Fatal workplace incidents involving third-party liability
If the deceased could have filed a personal injury lawsuit had they survived, their family typically has the right to bring a wrongful death case.
Damages in a Kansas Wrongful Death Case
Kansas law allows recovery of both economic and non-economic damages in a wrongful death case. These may include:
- Medical expenses related to the final injury
- Funeral and burial costs
- Loss of income or financial support
- Loss of care, guidance, and parental or spousal support
- Mental anguish, suffering, and bereavement
Non-economic damages in Kansas wrongful death claims are subject to a cap. As of 2022, the maximum amount recoverable for non-economic losses is $250,000. This does not include medical bills or other financial losses.
Statute of Limitations in Kansas
The statute of limitations for filing a wrongful death claim in Kansas is two years from the date of death. Failing to file within this timeframe may result in the court dismissing your case entirely.
It is important to consult with a wrongful death attorney early to ensure all deadlines are met and evidence is preserved.
Wrongful Death From a Car Accident in Kansas
Car accidents are one of the most common causes of wrongful death in Kansas. When a loved one dies in a crash caused by another driver’s negligence—such as drunk driving, speeding, or distracted driving—their heirs may file a wrongful death claim against the at-fault driver.
Kansas follows a comparative fault system. If your loved one was partially at fault for the accident, the damages awarded may be reduced based on their percentage of fault.
Work-Related Fatalities in Kansas
If a person dies in a workplace accident, workers’ compensation may provide some benefits to the surviving spouse and children. However, if a third party (not the employer) contributed to the fatal incident—such as a manufacturer, contractor, or negligent driver—a separate wrongful death claim may be possible.
Frequently Asked Questions About Wrongful Death in Kansas
Can more than one person file a wrongful death claim?
Yes. Any heir of the deceased may file the claim, and it can be pursued on behalf of all other heirs. The court will ensure that damages are fairly divided among eligible family members.
Are punitive damages available in Kansas?
Yes, but punitive damages are not typically awarded in wrongful death cases unless there is clear and convincing evidence of intentional or reckless behavior. These damages are meant to punish wrongdoing.
What happens if there’s no will?
If the deceased had no will, Kansas courts will determine the legal heirs based on the state’s intestate succession laws. Any heir may then file the wrongful death claim.
How long does a wrongful death lawsuit take?
The timeline varies depending on the complexity of the case and whether it settles or goes to trial. Many wrongful death claims are resolved in 6 to 18 months, but some may take longer.
Speak With a Kansas Wrongful Death Attorney
If your loved one died due to someone else’s actions or negligence, a wrongful death attorney in Kansas can help you pursue justice and financial recovery. The legal process can be overwhelming, but you don’t have to go through it alone. Contact a trusted attorney today to learn your options and protect your family’s future.