When you lose a loved one due to someone else’s negligence or wrongful actions, the grief can feel overwhelming. During this incredibly difficult time, you may be wondering about your legal options and whether you can seek justice for your family.
Understanding your rights under Kansas law is crucial, and knowing the proper steps to take can help ensure your family receives the compensation you deserve.
The loss of a family member affects every aspect of your life. While no legal action can write this wrong, a Kansas wrongful death claim can provide financial security for your family and hold the responsible party accountable for their actions.
This comprehensive guide will help you understand the process of filing a wrongful death claim in Kansas and what you can expect along the way.
Key Takeaways of Filing a Kansas Wrongful Death Claim
- Under Kansas law, a wrongful death claim can be filed by the deceased person’s legal heirs, including a surviving spouse, children, parents, grandparents, or siblings.
- Kansas wrongful death claims must be filed within two years of the date of death, while claims against government entities may have additional rules and exceptions.
- To succeed in a wrongful death case, the family must show that the defendant owed a duty of care, breached that duty, caused the death, and that the family suffered economic or emotional damages.
- Available damages in Kansas can include medical and funeral expenses, lost income and benefits, loss of household services, loss of companionship, emotional distress, and, in some cases, punitive damages.
Understanding Wrongful Death Under Kansas Law
Under Kansas Statute 60-1901, wrongful death occurs when “the death of a person is caused by the wrongful act or omission of another.” Essentially, a wrongful death claim can be brought in any situation where the deceased could have pursued a personal injury lawsuit had they survived the incident.
The law recognizes that when someone’s negligent, reckless, or intentional actions cause another person’s death, the surviving family members deserve compensation for their losses. This legal framework acknowledges both the emotional trauma and the financial hardship that families face when they lose a loved one unexpectedly.
Who Can File a Wrongful Death Lawsuit in Kansas?
K.S.A. 60-1902 allows any of the deceased’s “heirs at law” who have suffered a loss as a result of the death to file a wrongful death lawsuit.
The individuals who are typically eligible to file include:
- Surviving spouse of the deceased
- Children or surviving lineal descendants of deceased children
- Parents of the deceased
- Grandparents of the deceased
- Siblings of the deceased or their descendants
An important aspect of this Kansas wrongful death statute is that the action is for the exclusive benefit of all eligible heirs, regardless of whether they all join the lawsuit. This means that even if only one family member files the claim, any damages awarded will benefit all qualifying heirs who have sustained a loss.
Under K.S.A. 60-1901, the term “person” includes an unborn child, meaning wrongful death claims can be filed for the loss of an unborn child in certain circumstances, though specific exceptions apply.
Kansas Wrongful Death Statute of Limitations
The Kansas wrongful death statute of limitations under K.S.A. 60-513 gives you two years from the date of your loved one’s death to file a claim. This deadline is firm; if you miss it, you will likely lose your right to seek compensation through the court system.
The two-year deadline applies regardless of when you discover that negligence may have contributed to your loved one’s death. This makes it essential to consult with an experienced wrongful death attorney as soon as possible after your loss to ensure your rights are protected.
Exceptions and Limitations Under the Kansas Tort Claims Act
If your loved one’s death was caused by a government entity or employee in Kansas, special rules apply under K.S.A. 75-6104, known as the Kansas Tort Claims Act. This statute provides numerous exceptions to liability that can make these cases more challenging.
Key exceptions include:
- Legislative or judicial functions
- Enforcement or failure to enforce laws
- Discretionary functions performed by government employees
- Failure to provide police or fire protection
- Snow or ice conditions on public roads (unless affirmatively caused by the governmental entity)
- Emergency management activities
- Failure to make adequate inspections of private property
Types of Damages Available in Kansas Wrongful Death Cases
Kansas wrongful death damages fall into two main categories: economic and non-economic damages. Understanding what compensation may be available can help you and your family plan for the future.
Economic Damages
Economic damages compensate for measurable financial losses, including:
- Medical Expenses: Bills for medical care your loved one received before their passing.
- Funeral and Burial Expenses: Necessary costs for arranging your loved one’s funeral and burial.
- Lost Income: The earnings your loved one would have contributed to the family.
- Lost Benefits: The loss of access to health insurance, retirement plans, and other job-related perks.
- Loss of Household Services: The value of the household tasks and support your loved one would have provided.
Non-Economic Damages
Non-economic damages compensate for intangible losses, including:
- Loss of Companionship: The absence of your loved one’s emotional support, affection, and general company.
- Loss of Consortium: For surviving spouses, this represents the loss of the marital relationship, including intimacy, comfort, and partnership.
- Mental Anguish and Emotional Distress: The deep grief, sorrow, and psychological suffering endured by the family due to the death.
- Loss of Protection and Guidance: This specifically refers to the missing protective role and mentorship, often significant in cases involving the death of a parent or guardian.
Unlike some states, Kansas generally does not cap non-economic damages in wrongful death cases, though caps may apply in medical malpractice cases. This means families can seek full compensation for their emotional losses and the relationship they’ve lost.
How to File a Wrongful Death Claim in Kansas
Filing a wrongful death claim involves several important steps that require careful attention to legal procedures and deadlines:
1. Determine Who Can File
In Kansas, a wrongful death claim can be filed by the deceased person’s legal heirs, usually the surviving spouse, children, parents, grandparents, or siblings.
2. Prove the Claim
To win a wrongful death case, four things must be shown:
- Duty of care: The defendant had a legal responsibility (like driving safely).
- Breach of duty: They acted carelessly or recklessly.
- Causation: Their actions directly caused the death.
- Damages: The family suffered losses such as medical bills, lost income, or emotional distress.
3. Gather Evidence
Collect key documents such as medical records, accident and police reports, witness statements, and proof of financial or emotional losses.
4. Work with an Attorney
An experienced Kansas wrongful death lawyer can investigate the case, identify who’s responsible, calculate damages, and handle negotiations.
5. File the Lawsuit
A wrongful death lawsuit must be filed within two years of the date of death in Kansas.
6. Discovery and Resolution
Both sides share evidence during discovery. Most cases settle before trial, but if no agreement is reached, the case will go before a judge or jury for a final decision.
Common Causes of Wrongful Death in Kansas
Understanding the most common causes of wrongful death can help families recognize when they may have grounds for a legal claim. Based on Kansas traffic crash data, several scenarios frequently lead to wrongful deaths in Kansas City cases and throughout the state.
Motor Vehicle Accidents
Car accidents and truck accidents are one of the leading causes of wrongful death in Kansas. According to 2023 Kansas traffic crash statistics:
- There were 387 fatalities in Kansas traffic crashes in 2023
- Distracted driving was the #1 contributing circumstance, accounting for 17.9% of all crashes
- 35.1% of all fatal crashes involved vehicles overturning
Other Common Causes
Other common causes of wrongful death claims in Kansas include:
- Medical Malpractice
- Workplace Accidents
- Defective Products
- Premises Liability
- Nursing Home Neglect or Abuse
Frequently Asked Questions About Kansas Wrongful Death Claims
How Long Does a Wrongful Death Case Take to Resolve?
The timeline for resolving a wrongful death case varies significantly depending on the complexity of the case, the willingness of parties to negotiate, and court schedules. Some cases settle within months, while others may take years, especially if they go to trial.
For more information about timelines, you can learn about how long personal injury cases take in Kansas.
Can I File a Wrongful Death Claim If My Loved One Was Partially at Fault?
Kansas follows a modified comparative negligence rule, meaning you can recover damages only if your loved one was less than 50% at fault for the incident that caused their death. If your loved one was 49% or less at fault, your compensation will be reduced by their percentage of fault.
What If There’s Already a Criminal Case Against the Person Who Caused the Death?
Criminal and civil cases are separate cases. However, a criminal conviction can strengthen your civil case, but you don’t need to wait for the criminal case to conclude before filing your wrongful death claim.
Remember, the two-year statute of limitations still applies regardless of any ongoing criminal proceedings.
How Much Does It Cost to Hire a Wrongful Death Attorney?
Most wrongful death attorneys work on a contingency fee basis, meaning you don’t pay attorney fees unless your case is successful. This arrangement allows families to pursue justice without worrying about upfront legal costs during an already financially challenging time.
Moving Forward After Loss
Losing a loved one due to someone else’s negligence is one of life’s most challenging experiences. While pursuing a wrongful death claim cannot undo your loss, it can provide financial security for your family’s future and ensure that the responsible party is held accountable for their actions.
If you believe your loved one’s death was caused by negligence, reckless behavior, or intentional actions, don’t wait to seek legal guidance. The Law Offices of Peter A. Jouras, Jr. understand what you’re going through during this difficult time. Our founder, Peter A. Jouras, Jr., has over 25 years of experience in handling wrongful death cases.
We provide compassionate, personalized legal representation while aggressively pursuing the compensation your family deserves. We work on a contingency fee basis and offer free consultations to discuss your case and answer your questions.
Contact us online today to schedule a free consultation or call us at (913) 677-1999.
