- February 3, 2025
- Wrongful Death
The sudden loss of a loved one is remarkably devastating on its own, but when that loss is the direct result of someone else’s careless, reckless, or otherwise negligent actions, the emotions you may feel are even worse. When you’re already wrestling with your grief, it’s tough to find the answers to questions about accountability. Nevertheless, understanding wrongful death claims in Kansas is an important step for families as they go through such challenging times.
What Is a Wrongful Death Claim?
A wrongful death case arises when someone loses their life due to the negligence, recklessness, or intentional behavior of another person or entity. These claims give the victim’s surviving family members the chance to not only file for compensation that will cover their losses but also to hold someone accountable for the death.
A number of circumstances can lead to a wrongful death claim, such as car accidents, workplace injuries, medical malpractice, faulty products, and criminal behavior. Regardless of the circumstances, though, the main legal point involves determining whether the responsible person’s actions (or their failure to act) directly caused the death of your loved one.
Additionally, it is important to remember that wrongful death cases focus on the legal and financial impact on those left behind. They’re different from criminal charges, such as manslaughter or homicide, because they’re handled in civil court and seek monetary damages as opposed to criminal penalties. A wrongful death suit can proceed alongside a criminal case, but the two are independent of each other.
Who Can File?
Kansas law specifies who is eligible to file a wrongful death case. Typically, the deceased person’s surviving spouse, children, or parents are allowed to bring a claim. But in the event that none of these individuals are available, other dependents or heirs may be able to file instead. It’s also worth noting that wrongful death cases in Kansas have to be filed by the estate of the deceased. If they didn’t have a will or designate an executor, the court can appoint someone to act on behalf of their interests. That person will then be responsible for filing the claim and handing out any compensation awarded by the court.
Unlike some other states, though, Kansas doesn’t limit wrongful death claims to immediate family members. Under the state’s broader definition, anyone who suffers financial or emotional harm because of the victim’s death could have standing to file a case. However, it can be tricky to figure out exactly who’s eligible, especially for cases with several claimants.
Kansas law allows anyone hurt by an individual’s death to file a claim, providing a pathway toward justice and emotional recovery during an incredibly difficult time.
What Damages Can Be Recovered?
As a wrongful death claim is considered a type of personal injury case, the damages that you can recover are both economic (funeral/burial costs, medical bills, loss of income) and non-economic (pain and suffering, parental support, loss of companionship). Kansas law puts a cap on non-economic losses, though; it is currently set at $250,000 and can, therefore, greatly impact the total recovery amount.
How Is Fault Determined?
Proving fault is a key point of any wrongful death claim. In Kansas, the legal concept of comparative fault helps determine the outcomes of these cases. If the deceased was partially responsible for the events that led to their death, the compensation value obtained by their survivors might be reduced accordingly by the court. As an example, suppose the court finds the deceased 20% responsible for their fatal accident. That amount will reduce their family’s recoverable damages. As long as the percentage is less than 50%, the claim can still go forward.
Determining fault requires a thorough investigation. To learn more about the process and how we can help, call our offices at (785) 233-1836.
Statute of Limitations
For a wrongful death suit in Kansas, the statute of limitations is generally two years from the date of the person’s death. Therefore, a family (or another eligible individual) must file their claim within that time frame to preserve their legal rights. There are some exceptions, however, such as cases that involve the discovery of negligence after the death. In such circumstances, the clock might start on the day that you and your legal team uncover the negligence, instead of on the date of death itself.
Missing the deadline to file a wrongful death claim in Kansas can lead to losing the right to pursue compensation. The legal process for wrongful death claims can be a lengthy one, so it’s important to talk to an attorney as early as possible. Starting ahead of time will give your legal team the time they need to properly investigate, prepare, and build your case. They’ll help you make sure all of the necessary paperwork is correct and filed on time.
How an Attorney Can Help
Understanding wrongful death claims in Kansas can be complicated and overwhelming enough without taking into account the emotional toll on the grieving family. By hiring a lawyer, you can relieve some of the burden by letting them handle the stressful legal matters while you and your loved ones focus on grieving and healing.
For instance, an attorney can help with the following:
- Investigating the circumstances that led to your loved one’s death
- Collecting evidence like medical records and witness statements
- Identifying all liable parties
- Calculating damages to make sure the final compensation value is fair
- Representing your family’s interests during negotiations or court proceedings.
Families often worry about the costs involved with hiring legal counsel, especially during a time that’s already as difficult as it is. Most wrongful death attorneys, including the team at Palmer Law Group, work on a contingency fee basis, which means you won’t pay any fees up front; the attorney working your case will be paid only if they win your case.
Finding Peace and Closure After Loss
Losing a loved one is never easy, and when someone else’s negligence causes their death, the pain can become remarkably worse. Kansas law gives grieving families a way to recover financial and emotional losses, but these solutions are often time sensitive, so don’t hesitate to reach out for help. The team at Palmer Law Group has been assisting grieving families since our founding in January 1980, and we are here to help you through these painful times.
If you need help understanding wrongful death claims in Kansas, reach out to Palmer Law Group today at (785) 233-1836.