Who Can File a Wrongful Death Claim in Kansas?
Filing a wrongful death claim can be complicated. You’ll need to deal with various levels of bureaucracy, all while you’re mourning the death of your loved one. Even worse, not everyone is eligible to file a wrongful death claim.
Who can file a wrongful death claim in Kansas? The answer to that question is critical to determining whether you’ll be able to seek compensation after a loved one dies.
This post will provide an overview of Kansas’s laws to help you determine whether you’re entitled to file a wrongful death lawsuit. If you need further guidance, an attorney from Palmer Law Group can review the facts of your situation during a free consultation.
Potential Plaintiffs in a Kansas Wrongful Death Claim
To file a wrongful death claim in Kansas, you must be one of the plaintiffs allowed by state statute. In the Sunflower State, the only parties that can legally file a wrongful death claim are heirs at law of the deceased. An heir at law is a blood relation who would be an heir if the person had died intestate. However, once a party has legally filed a wrongful death claim, any other heir can join as a party plaintiff, even if they aren’t an heir at law.
Furthermore, once the action has commenced, the benefit of that claim will go to any heir who has sustained a loss, in appropriate proportion, even if they aren’t a party to the lawsuit. This creates an odd situation where only a blood heir can file a lawsuit in most situations, but a successful lawsuit can benefit heirs who aren’t directly related to the deceased.
Typically, only blood relations of the deceased are eligible to file a wrongful death lawsuit in Kansas.
Are There Limits on Who Counts as a Blood-Related Heir?
Kansas law doesn’t further define the term “heir at law” beyond common usage. That means an heir at law is anyone who has the right to the property of the deceased by virtue of blood relation. This most often includes the deceased’s spouse, children, and parents.
That said, siblings, grandparents, and grandchildren may also qualify as heirs at law. In rarer circumstances, more distant family relations like first cousins may also be eligible to file a lawsuit if they were financially dependent on the deceased.
Executors of the Estate
Even if the deceased has a will, the executor of that will doesn’t automatically gain the right to file a wrongful death claim. However, if there are no next of kin who can file a lawsuit, the executor is legally entitled to file a lawsuit. They would then determine how the proceeds from the suit are to be distributed by following the terms of the will.
Are you mourning the loss of a loved one after an accident in Kansas? During these hard times, it can be difficult to think about taking legal action. Contact our firm to get help from a compassionate attorney who understands the hardship you’re facing.
The Importance of “Sustained a Loss”
Imagine that your father died in a car accident in Kansas, and you and a sibling are the only two blood relatives still alive who could potentially file a wrongful death claim. This might seem like a cut-and-dried scenario where a wrongful death lawsuit would be appropriate. But whether you’re eligible to file a claim or not would come down to whether you sustained a loss.
A judge might determine that you didn’t sustain a loss if you spent the last decade estranged from your father. You might still be in his will, meaning you would receive your portion of the inheritance. However, your sibling, who remained close to your father during the past decade, would probably be the only party eligible to file a wrongful death claim or obtain compensation from it.
Can the State File a Wrongful Death Claim in Kansas?
The state won’t file a wrongful death claim on behalf of potential litigants. It might file criminal charges if it determines that the defendant was criminally liable when they caused the death of your loved one, but a criminal charge isn’t the same as a wrongful death lawsuit.
Even if the defendant is found guilty of manslaughter or murder, that doesn’t mean you’ll get compensation — you would have to file and win a separate civil lawsuit to be repaid for your loss. So, while a conviction in a criminal case will help your civil case, it isn’t necessary in order to win a wrongful death lawsuit.
What to Do if You Aren’t Certain Whether You Can File a Wrongful Death Claim in Kansas
If you have any questions about whether you can file a wrongful death claim, contact Palmer Law Group. Our firm has been navigating tricky legal issues since our founding back in January 1980. We’ll examine the facts of your case and determine whether you have a valid legal claim.
Regardless of what caused your loved one’s death, it’s better to have the law explained to you by someone who’s on your side than to try to figure out your legal rights without assistance.
If you think you might want to file a wrongful death claim, it’s important to act quickly. This type of legal action is subject to a statute of limitations in Kansas. If you wait more than two years after the death of your loved one to start your claim, the judge overseeing your case will almost certainly dismiss it, preventing you from receiving just compensation from the defendant.
Contact Palmer Law Group Immediately After the Death of a Loved One
If you’ve lost someone you care about in Kansas due to another party’s negligence, you may be able to file a wrongful death lawsuit. However, eligibility isn’t always clear. Our team can clear up any potential confusion and help you assert your legal rights.
Don’t let uncertainty keep you from getting compensation after the loss of a loved one. Contact Palmer Law Group today to schedule a free consultation.