Losing a loved one is one of the most painful experiences any family can go through. When that loss is caused by someone else’s negligence, it can feel even more devastating. Families are often left not only grieving but also trying to understand their rights. One of the most common questions that comes up in wrongful death claims is, “Who receives the settlement?”
In Kansas, wrongful death laws provide a way for certain family members to seek justice and financial relief. However, the rules around who can file a claim and how the compensation is divided can be confusing. This blog will break it all down in a way that’s clear and helpful for grieving families looking for answers.
What Is a Wrongful Death Claim?
Under Kansas law, a wrongful death claim is a legal action brought when a person dies due to another party’s misconduct, negligence, or failure to act. The purpose of this type of claim is to provide compensation to the deceased person’s family or heirs for the losses they’ve suffered as a result of the death.
Some of the most common causes of wrongful death include:
- Fatal car or truck accidents caused by negligent drivers
- Medical malpractice or surgical errors
- Workplace accidents due to safety violations or employer negligence
- Defective products that cause fatal injuries
- Criminal actions such as assault or drunk driving
The goal of a wrongful death case is not just financial—it’s also about accountability. These claims give surviving family members a legal path to pursue justice when a life is taken too soon.
Who Can 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 includes individuals who would inherit from the person under Kansas intestate succession laws, even if the person did not have a will. The claim can be brought by one heir on behalf of others, or multiple heirs may join in the case together.
Common heirs who are eligible to file include:
- The surviving spouse
- Biological or adopted children of the deceased
- Parents of the deceased
- Sometimes siblings, if no spouse, children, or parents are living
There is no requirement that the person who files the claim must have lived with the deceased or depended on them financially. What matters is the legal relationship and how the death has impacted each heir personally and financially.
How Is a Wrongful Death Settlement Divided?
Once a settlement or court award is reached, the money is not automatically divided equally among surviving family members. In Kansas, distribution of the settlement is determined by the court, even in cases that are settled out of court. The judge will hold a hearing to ensure the division is fair based on the facts of the case and the losses suffered by each person.
When making this decision, the court considers several factors, including:
- The strength and closeness of the relationship between the heir and the deceased
- Financial dependence on the deceased person’s income or support
- Emotional loss and suffering caused by the death
- Expenses paid by each heir, such as funeral costs or medical bills
For example, a surviving spouse who relied on the deceased for income and shared a home with them might receive a larger portion of the settlement. Children, especially minors, may also receive a significant share to help with the loss of parental support and guidance. A parent who was emotionally close but not financially dependent may still receive a portion of the settlement, but it may be less than others more directly impacted.
What Types of Compensation Can Be Recovered?
Wrongful death compensation in Kansas is designed to address both financial and emotional losses. While no amount of money can truly replace a loved one, a settlement can ease the burdens that often come with such a loss.
Damages that may be included in a Kansas wrongful death claim include:
- Medical bills for the deceased’s final treatment
- Funeral and burial expenses
- Loss of income and future financial support
- Loss of services such as childcare or household responsibilities
- Loss of companionship, care, and guidance
- Emotional suffering of surviving family members
Kansas does have a cap on non-economic damages such as emotional suffering and loss of companionship. However, economic damages—like medical expenses and lost future earnings—are not capped and can significantly increase the total value of the case.
How Long Do You Have to File?
In Kansas, the statute of limitations for filing a wrongful death lawsuit is generally two years from the date of death. If the claim is not filed within that time frame, it could be permanently barred, regardless of how strong the case may be. That’s why it’s critical to consult with an attorney as soon as possible after the loss occurs.
Why Legal Representation Matters
Wrongful death cases can be emotionally charged and legally complex. Determining who qualifies as an heir, what each person is entitled to, and how the settlement should be divided often requires both legal knowledge and sensitivity to the family’s unique situation.
At Lawyer on the Line, our wrongful death attorneys are here to help families through every step of the process. We listen closely to your story, explain your rights under Kansas law, and help ensure that your family receives a fair outcome. We work hard to secure the compensation you need to move forward without additional financial strain.
Have Questions About a Wrongful Death Claim? Call Lawyer on the Line Now
If you’ve lost someone you love due to someone else’s careless or reckless behavior, you may have the right to file a wrongful death claim. We understand that this is a deeply personal and difficult situation, and we’re here to support you every step of the way.
Contact us today for a free and confidential consultation. We’ll walk you through your legal options, help you understand who may be entitled to compensation, and work to make sure your loved one’s legacy is honored through justice and fair treatment in the legal system.
