Losing a loved one unexpectedly is one of the most painful experiences anyone can endure—especially when that loss was caused by someone else’s careless or reckless actions. While no legal process can replace a life, Kansas law gives surviving family members the right to seek justice and financial recovery through a wrongful death claim.
Wrongful death lawsuits allow grieving families to hold the responsible parties accountable and ease the financial burden that often follows a fatal incident. But before a claim can be filed, it's important to understand who has the legal authority to take action under Kansas law. This question often arises at a time when families are overwhelmed, so having clear, accurate information is essential.
At Lawyer on the Line, we represent families in Kansas and nationwide who have suffered unimaginable losses. We’re here to help you understand your legal rights and determine whether you are eligible to file a wrongful death lawsuit on behalf of your loved one.
Who Is Legally Allowed to File a Wrongful Death Lawsuit in Kansas?
Kansas law gives the right to file a wrongful death claim to any “heir at law” of the deceased. This is broader than in many other states, where only spouses or immediate family members may file. In Kansas, this category can include:
- The surviving spouse
- Biological or adopted children
- Parents of the deceased
- Brothers and sisters
- Other legal heirs according to Kansas probate and inheritance laws
It’s also possible for multiple heirs to be part of the claim. Typically, one person is named as the official plaintiff, but the lawsuit is brought on behalf of all eligible heirs. If a settlement or judgment is awarded, the court will divide the compensation among the eligible family members according to their relationship to the deceased and the losses they’ve suffered.
This inclusive approach helps ensure that all those who were genuinely impacted by the loss—not just those with a formal title like “spouse” or “parent”—have the opportunity to seek justice and financial support.
What Types of Situations Qualify as Wrongful Death?
Under Kansas law, a wrongful death occurs when a person dies as a result of the negligence, recklessness, or intentional actions of another person or entity. These cases often arise from:
- Car, truck, or motorcycle accidents caused by a negligent driver
- Medical malpractice, such as a surgical error or misdiagnosis
- Workplace accidents due to unsafe conditions or equipment
- Criminal behavior, including assaults and homicides
- Defective products or machinery
- Hazardous property conditions, such as falls or unsafe buildings
To succeed in a wrongful death case, the party filing the claim must show that the death was directly caused by another party’s wrongful conduct. This often involves proving that a duty of care existed, that duty was breached, and the breach directly led to the fatal incident.
While wrongful death claims are civil cases—separate from any criminal proceedings that may also occur—they still require a thorough investigation and strong supporting evidence. Our legal team works with accident reconstruction experts, medical professionals, and investigators to uncover the facts and build a compelling case.
What Compensation Is Available in a Kansas Wrongful Death Claim?
Wrongful death lawsuits in Kansas are designed to help surviving family members recover both tangible and intangible losses caused by the death of a loved one. This may include:
- Funeral and burial expenses
- Medical costs incurred prior to death
- Loss of the deceased’s future earnings
- Loss of household services the deceased would have provided
- Loss of companionship, guidance, and care
- Emotional pain and suffering endured by surviving family members
Kansas law places no cap on economic damages—those tied to actual expenses and financial losses. However, it does impose a limit on non-economic damages (such as emotional distress and loss of companionship), which is currently set at $250,000. This limit may be updated periodically by the state legislature.
While no amount of money can replace the person you've lost, financial recovery can ease the pressure on your family and serve as a form of accountability against those responsible.
How Long Do You Have to File a Claim?
Kansas law allows eligible family members to file a wrongful death lawsuit within two years of the date of the person’s death. This is known as the statute of limitations. If no action is taken within this time, the right to bring a claim may be permanently lost.
This deadline is strict, and the legal process leading up to filing a lawsuit can take time—gathering medical records, identifying witnesses, and obtaining expert testimony. That’s why it’s important to act sooner rather than later, even if you’re still processing your loss.
Starting the process does not mean rushing into court. It simply means taking steps to preserve evidence and protect your legal rights before time runs out.
Contact Riedmiller, Andersen & Scott Today to Speak With a Wrongful Death Attorney
If you’ve lost a loved one due to someone else’s negligence, you may have the right to hold them accountable through a wrongful death claim. At Riedmiller, Andersen & Scott, we are committed to helping families in Kansas pursue justice and financial recovery after these devastating events. We will answer your questions with compassion, explain your legal options in plain terms, and guide you through every step of the process.
You don’t have to figure this out alone. Contact us today for a free consultation. Let’s talk about your case, your rights, and how we can help you move forward with confidence.
