Losing a loved one is devastating, but when the death is caused by someone else’s negligence or wrongful actions, the pain can be even more overwhelming. In Kansas, wrongful death laws allow surviving family members to seek justice and compensation for their loss. However, not every accidental death qualifies as wrongful death under the law. Understanding what is considered wrongful death in Kansas in 2025 can help families determine whether they have a legal claim.
How Does Kansas Define Wrongful Death?
Under Kansas Statute § 60-1901, wrongful death is defined as a death caused by the wrongful act, neglect, or default of another person or entity. If the deceased could have pursued a personal injury claim had they survived, then their family may have the right to file a wrongful death lawsuit.
Wrongful death claims often arise from:
- Car accidents caused by reckless or drunk drivers
- Medical malpractice, including misdiagnosis or surgical errors
- Workplace accidents due to unsafe conditions
- Defective products or dangerous pharmaceuticals
- Nursing home abuse or neglect
- Criminal acts such as assault or homicide
While some wrongful death cases result from unintentional accidents, others involve willful misconduct. Regardless of the circumstances, surviving family members may be entitled to compensation for their loss.
Who Can File a Wrongful Death Lawsuit in Kansas?
In Kansas, the right to file a wrongful death lawsuit belongs to the deceased person’s heirs. This typically includes:
- Spouse
- Children
- Parents
- Other legal dependents or family members
Unlike some states that restrict claims to a specific individual (such as a personal representative of the estate), Kansas allows any heir to bring a wrongful death claim. However, only one lawsuit can be filed, so all eligible family members must be included in the case.
What Damages Can Be Recovered in a Kansas Wrongful Death Case?
Wrongful death claims aim to provide financial relief for surviving family members. In Kansas, damages may include compensation for both economic and non-economic losses, such as:
- Medical expenses: Costs related to the deceased’s final medical treatment
- Funeral and burial costs: Expenses incurred for services and arrangements
- Loss of income: Compensation for the financial support the deceased would have provided
- Loss of companionship: The emotional and personal impact of losing a loved one
- Pain and suffering: The emotional distress experienced by surviving family members
In rare cases involving extreme negligence or intentional misconduct, Kansas courts may also award punitive damages to punish the responsible party.
What Is the Time Limit to File a Wrongful Death Claim in Kansas?
Like all legal claims, wrongful death lawsuits must be filed within a certain timeframe. In Kansas, the statute of limitations for wrongful death cases is **two years** from the date of the person’s death. If a claim is not filed within this period, surviving family members may lose their right to seek compensation.
Some exceptions may apply in specific situations, such as cases involving hidden medical malpractice errors. Consulting a wrongful death attorney as soon as possible ensures that all legal deadlines are met.
How to Prove Wrongful Death in Kansas
To successfully pursue a wrongful death claim, the plaintiff must prove that the responsible party’s actions (or failure to act) caused the death. The key elements of a wrongful death case include:
1. Duty of Care
The defendant must have owed a duty of care to the deceased. For example, drivers have a duty to follow traffic laws and doctors have a duty to provide competent medical care.
2. Breach of Duty
The plaintiff must show that the defendant failed to uphold their duty of care. This could involve reckless driving, medical negligence, or failure to maintain safe premises.
3. Causation
It must be proven that the defendant’s actions directly caused the person’s death. For example, if a drunk driver ran a red light and struck a pedestrian, their actions would be directly responsible for the fatal injuries.
4. Damages
The death must have resulted in measurable losses, including financial burdens and emotional suffering for surviving family members.
Call Lawyer on the Line for Your Wrongful Death Claim
Wrongful death cases can be complex, especially when dealing with insurance companies, corporations, or medical institutions. A wrongful death attorney can help families by:
- Investigating the circumstances of the death
- Gathering evidence, including medical records and witness statements
- Negotiating with insurance companies
- Filing a lawsuit if a fair settlement isn’t offered
- Representing the family in court if necessary
If you believe your loved one’s death was caused by negligence or wrongful conduct, our legal team can help you understand your options.
The unexpected loss of a loved one is heartbreaking, but you don’t have to go through it alone. If you suspect your loved one’s death was caused by negligence, contact us today for a free consultation. We are here to help you seek justice and the compensation your family deserves.
