Losing a family member because of someone else’s negligence is devastating. On top of the grief, families are often left dealing with mounting bills, lost income, and uncertainty about the future. Kansas law gives certain surviving family members the right to seek compensation through a wrongful death claim. Understanding what damages are actually available is a practical place to start.
Who Can Bring a Wrongful Death Claim in Kansas
A wrongful death action in Kansas must be brought by the heir or heirs of the deceased. That typically includes a surviving spouse, children, or parents. The claim is filed on behalf of all heirs, and any recovery is divided among them based on their individual losses.
Kansas Statute K.S.A. 60-1901 outlines the legal framework for who can file and how damages are handled. Families can review the Kansas wrongful death statute directly through the Kansas Legislature’s official site.
Types of Damages a Family May Recover
Kansas wrongful death claims allow families to pursue two broad categories of damages.
Economic damages cover the measurable financial losses, which may include:
- Medical expenses connected to the final injury or illness
- Funeral and burial costs
- Lost income the deceased would have earned over their working life
- Loss of financial support and household services the deceased provided
Non-economic damages are harder to put a number on but are just as real:
- Mental anguish and grief experienced by surviving family members
- Loss of companionship, guidance, and emotional support
- Loss of care and parental involvement for dependent children
Kansas does not cap wrongful death damages the way some states do. Recovery depends on the specific facts of each case, including the deceased’s age, earning history, health, and the level of financial and emotional dependence the family had on them.
How Negligence Affects the Claim
To recover damages, the family must prove another party’s negligence caused the death. That could involve a reckless driver, a negligent property owner, a medical professional, or a product manufacturer. Kansas also applies comparative fault rules, meaning that if the deceased shared any portion of fault, the total damages may be reduced in proportion to that percentage. An Overland Park wrongful death lawyer can help families understand how fault is assessed and what evidence is needed to support the claim.
Do Not Wait on the Statute of Limitations
Kansas has a two-year statute of limitations for wrongful death claims. That deadline typically starts on the date of death. Missing it almost always means losing the right to file. Starting early gives the legal team more time to gather records, identify witnesses, and build an accurate account of the family’s losses.
Getting Help After a Wrongful Death
At Law Office of Daniel E. Stuart, P.A., wrongful death cases are handled with care and a clear focus on the full impact of the loss, both financial and personal. These cases require a careful approach to evidence, damages calculation, and negotiation with insurers or opposing counsel.
If your family is dealing with the aftermath of a preventable death, speaking with an Overland Park wrongful death lawyer is a practical next step. Contact the firm to discuss your family’s situation and learn what options may be available to you.