Legal Definition and Purpose of a Wrongful Death Claim
The core purpose of a wrongful death lawsuit is to compensate the surviving family members for the personal and financial losses they have suffered due to the premature death of their loved one. It also serves to hold the at-fault party accountable, whether that party is an individual, a company, a healthcare provider, or another entity.
Common Causes of Wichita Wrongful Death Claims
Wrongful death cases in Wichita frequently arise from sudden, preventable events — incidents that, had proper care, safety, or responsibility been exercised, might never have happened. These tragic losses affect families emotionally, financially, and legally. At Riedmiller, Andersen & Scott, we see a consistent pattern of wrongful death claims linked to the following causes:
Motor vehicle collisions remain one of the most common causes of wrongful death in Wichita. According to the
Centers for Disease Control and Prevention (CDC), over 44,000 people died in motor vehicle crashes nationwide in 2022. In Kansas, hundreds of fatal crashes occur annually, many involving negligence such as:
- Drunk or drug-impaired driving
- Distracted driving (e.g., texting)
- Speeding or aggressive behavior
- Failure to yield or obey traffic laws
- Fatigue or drowsy driving
Fatal accidents are especially common on major roads in and around Wichita, such as I-135, Kellogg Avenue, and K-96. Families who lose loved ones due to a reckless driver’s actions may be entitled to seek damages through a wrongful death claim.
Medical professionals have a duty to uphold accepted standards of care. When that duty is breached, the results can be deadly. Diagnostic errors, surgical mistakes, anesthesia complications, and improper medication dosing are among the most frequent causes of fatal medical negligence in Wichita hospitals and clinics.
A study by the
National Institutes of Health confirms that medical errors are among the top causes of preventable deaths in the U.S. Unfortunately, even Wichita’s best-known healthcare facilities are not immune to systemic issues such as understaffing, communication breakdowns, and poor training that can lead to fatal consequences.
Workplace Accidents
Kansas employers are legally obligated to provide safe working environments. Yet in high-risk industries like construction, aviation, agriculture, and manufacturing, all of which are prominent in Wichita, fatal workplace accidents still occur. These may include:
- Falls from heights on poorly secured job sites
- Being struck by heavy machinery or falling objects
- Exposure to toxic chemicals or unsafe environments
- Electrical or fire-related incidents
- Lack of protective gear or safety protocols
When these events are the result of employer negligence, equipment failure, or a third party’s carelessness, the victim’s family may have both a workers’ compensation claim and a third-party wrongful death claim available to pursue.
Defective Products
Products designed and sold for public use are expected to be safe when used as intended. However, defective products, whether due to faulty design, manufacturing flaws, or inadequate warnings, can cause fatal injuries. Common examples include:
- Unsafe medical devices or pharmaceuticals
- Auto defects such as faulty brakes or airbags
- Household appliances prone to fire or electrocution
- Industrial tools or machinery lacking safety mechanisms
If a manufacturer, distributor, or retailer in Wichita placed a dangerous product into the stream of commerce, and that product caused a fatal injury, the surviving family members may file a wrongful death claim under Kansas product liability law.
Violent Acts and Criminal Behavior
Intentional harm, including homicide, assault, or abuse, can also give rise to wrongful death claims in Wichita. In these cases, the responsible party may face both criminal charges and civil liability. While the criminal justice system pursues punishment, a wrongful death lawsuit allows the family to pursue financial compensation and a civil form of justice.
- Domestic violence turned fatal
- Shootings or stabbings resulting from criminal disputes
- Deaths caused by negligent security at businesses, apartment complexes, or public venues
In some of these cases, the liable party may also include property owners or event organizers who failed to provide adequate safety measures.
These wrongful deaths are not “accidents” in the traditional sense; they are often the result of carelessness, negligence, or disregard for safety. At Riedmiller, Andersen & Scott, we fight to hold individuals, companies, and institutions accountable for these preventable tragedies and help Wichita families pursue justice.
Who Can File a Wrongful Death Claim in Wichita?
Under Kansas Statutes Annotated
§ 60-1902, the law permits “any one of the heirs at law of the deceased” to bring a wrongful death claim. In Wichita, this means that close family members have the legal authority to file a lawsuit on behalf of all heirs, seeking compensation for the personal and financial losses caused by their loved one’s untimely death.
Eligible Parties Typically Include:
- Spouses: The surviving husband or wife of the deceased is often the first to file a claim, as Kansas recognizes the loss of companionship, financial support, and consortium within a marriage.
- Children: Biological and adopted children of any age may be eligible to file, especially if the deceased provided emotional or financial support.
- Parents: If the deceased had no spouse or children, or if the parents were financially dependent on the decedent, they may have a legal right to pursue a wrongful death claim.
- Siblings: Brothers or sisters may qualify as heirs under Kansas law if closer relatives are not available or if they were significantly affected by the loss.
In most Wichita wrongful death cases, one individual files the lawsuit on behalf of all eligible heirs, and the damages are then distributed among those heirs based on either:
- Mutual agreement
- A court determination, which considers each family member’s level of dependence on the deceased and the emotional impact of the loss.
Families in Wichita should act quickly to consult with an experienced wrongful death attorney who can help identify all eligible claimants and file the claim within the statute of limitations.
What Must Be Proven in a Kansas Wrongful Death Case?
A wrongful death lawsuit is a civil claim, not a criminal prosecution, but it still requires the plaintiff to prove specific legal elements to succeed. In Wichita, wrongful death cases follow a structure similar to that of personal injury claims, with one key difference: the injured party is deceased, so the case is filed by surviving relatives.
To prevail in a wrongful death case under Kansas law, the following elements must be established:
1. A Duty of Care Was Owed
The first step is proving that the defendant had a legal duty to act in a reasonably safe and responsible manner toward the deceased.
Examples include:
- A driver’s duty to follow traffic laws
- A doctor’s duty to provide competent medical care
- A business owner’s duty to maintain safe premises
2. That Duty Was Breached
Next, the plaintiff must show that the defendant failed to uphold their duty of care. This breach can be an action (like running a red light or performing surgery incorrectly) or an omission (such as failing to treat a known infection).
3. The Breach Directly Caused the Death
There must be a clear and direct link between the negligent act (or failure to act) and the person’s death. The defendant’s conduct must be shown to be the proximate cause of the fatal injury and not merely a contributing factor in a chain of unrelated events.
4. The Surviving Family Members Suffered Measurable Damages
Finally, the heirs must prove that they suffered quantifiable losses due to their loved one’s death. This can include:
- Financial losses (such as the loss of income or funeral expenses)
- Emotional damages (including grief, loss of companionship, and mental anguish)
- The loss of household services or parental guidance
Each of these elements must be supported with evidence. This may include medical records, accident reports, witness statements, expert testimony, and financial documentation. At Riedmiller, Andersen & Scott, we help Wichita families build strong, evidence-based cases to hold negligent parties accountable and secure the compensation they deserve.
How Can an Attorney Help With Your Wichita Wrongful Death Case?
Pursuing a wrongful death claim is never easy emotionally or legally. Families grieving the loss of a loved one are often left overwhelmed, confused, and unsure of what to do next. Meanwhile, insurance companies and defendants may move quickly to protect themselves and minimize their financial exposure. That’s where experienced legal counsel becomes critical.
At Riedmiller, Andersen & Scott, our Wichita wrongful death attorneys provide comprehensive legal support to families across Sedgwick County who have suffered an untimely loss due to someone else’s negligence or misconduct. We offer more than just legal advice; we offer strength, compassion, and strategic advocacy when it matters most.
Ways We Help Wichita Families Include:
- Conducting Comprehensive Investigations: We gather medical records, accident reports, surveillance footage, and witness statements. We consult with medical experts, forensic professionals, or safety specialists to determine exactly what went wrong and who was responsible. This early fact-finding phase is critical to building a strong, evidence-backed wrongful death case.
- Handling All Legal Procedures: Wrongful death claims involve complex filings, deadlines, and negotiations. Our team manages all correspondence with insurance companies, prepares legal documents, handles court submissions, and ensures that every step of your case complies with Kansas law so you can focus on healing.
- Calculating Full Damages: We carefully evaluate both the financial and emotional losses suffered by your family. This includes calculating the value of lost future income, medical and funeral expenses, and the non-economic impact of losing a spouse, parent, or child. We work to make sure nothing is overlooked.
- Negotiating and Litigating for Full Compensation: We negotiate from a position of strength, backed by a full understanding of case value. If the insurance company refuses to offer a fair settlement, we are fully prepared to take your wrongful death case to trial in a Wichita court.
- Providing Compassionate Guidance: Legal action during a time of grief can feel overwhelming. Our attorneys are known for being responsive, respectful, and approachable. We communicate openly with Wichita families and walk them through every step of the process with empathy and clarity.
We work with families and injured victims throughout Wichita and the state of Kansas on a wide range of personal injury cases, such as:
How Long Do You Have to File a Wrongful Death Claim in Wichita?
In Kansas, the law imposes a strict time limit on when you can file a wrongful death lawsuit. This legal deadline, known as the statute of limitations, is generally two years from the date of the decedent’s death, according to
K.S.A. § 60-513.
If you fail to file a claim within this timeframe, you may permanently lose your right to recover damages, regardless of how strong your case is.
However, there may be exceptions in rare situations, such as when the cause of death was not immediately known or when minors are involved. An attorney at Riedmiller, Andersen & Scott can help determine the exact deadline that applies to your specific circumstances in Wichita.
How Are Damages Determined in a Wichita Wrongful Death Claim?
One of the most important aspects of a wrongful death case is determining what types of damages and how much compensation the surviving family members are entitled to receive. Kansas law allows both economic and non-economic damages in wrongful death cases.
Under
K.S.A. § 60-1903, courts consider the unique impact the loss has had on the family and what financial support the deceased would have contributed during their lifetime.
Economic Damages May Include:
- Medical expenses incurred prior to the decedent’s death, such as emergency room visits, surgeries, or hospice care.
- Funeral and burial costs reasonably associated with laying the decedent to rest.
- Loss of the deceased’s income or expected earnings, including wages, bonuses, commissions, retirement contributions, and employment benefits.
- Loss of household services, such as childcare, home maintenance, or caregiving tasks that the deceased performed.
- Loss of benefits, including pensions, health insurance, or Social Security income the deceased would have provided.
There is no cap on economic damages in Kansas, which means families in Wichita can recover the full, measurable financial losses resulting from the death.
Non-Economic Damages May Include:
- Mental anguish and emotional suffering experienced by the surviving spouse, children, or parents.
- Loss of companionship, affection, love, guidance, and protection that the deceased would have continued to provide.
- Loss of consortium for surviving spouses, referring to the deprivation of companionship, comfort, and support within the marital relationship.
Under Kansas law, non-economic damages are capped at $250,000 in wrongful death cases. While this limit is frustrating for many families, it makes the calculation and pursuit of economic damages even more vital in building a strong case.
At Riedmiller, Andersen & Scott, our attorneys work with financial planners, medical economists, and vocational experts to ensure that damages in every Wichita wrongful death case are thoroughly and accurately assessed. We are committed to securing every dollar the law allows.
Contact Riedmiller, Andersen & Scott for Your Wrongful Death Claim
If you've lost a loved one due to someone else's negligence in Wichita, you don't have to face the legal challenges alone. The compassionate attorneys at Riedmiller, Andersen & Scott are here to help you navigate a wrongful death claim, ensuring your family's rights are protected and justice is served.
