Who Can File a Wrongful Death Lawsuit in Kansas?

Who Can File a Wrongful Death Lawsuit in Kansas?

A wrongful death claim may be filed if a person has lost their life due to the accidental or intentional actions of another person or organization. This claim may be filed against the person who is responsible for the wrongful act or the personal representative of that individual. 

If someone in your life has lost their life due to a wrongful act – either accidentally or intentionally – you should contact a wrongful death lawyer in Kansas to determine if you may be eligible to file a claim.  

What constitutes wrongful death? 

According to Article 19 of Chapter 60 of the Kansas Statutes, wrongful death can arise from “a wrongful act or omission of another.” In other words, it can arise from negligence or intentional wrongdoing from another party. A wrongful death may result from various circumstances, which include but are not limited to: 

• Motor vehicle accidents
• Bike and motorcycle wrecks
• Truck accidents
• Elder abuse
• Defective products
• Falls
• Violent acts

If someone in your life has lost their life due to a wrongful act – either accidentally or intentionally – you should contact a wrongful death lawyer to determine if you may be eligible to file a claim.  

Who can file a wrongful death claim?

In Kansas, any one of the “heirs in law” of the deceased who suffered loss as a result of the death may file a wrongful death lawsuit. This may include surviving spouses, children, parents or grandparents, or even siblings. Damages that are awarded may also be distributed to all eligible parties, even if they themselves do not file a lawsuit. 

What damages can be recovered from a wrongful death claim?

A successful wrongful death lawsuit provides compensation for eligible family members for the losses they suffered. These damages can include but are not limited to:

• Lost wages
• Medical bills
• Loss of filial care
• Funeral expenses
• Cost of household services
• Loss of companionship, comfort, and protection
• Loss of attention, filial care, advice, marital care, and counsel
• Contributions that would have continued until the person’s passing

Either economic or non-economic damages can be recovered through a wrongful death lawsuit. Economic damages include those that result in financial loss, and non-economic damages refer to pain and suffering.  Once damages have been awarded, the compensation will be divided among heirs, with a spouse and children often receiving the largest amounts. 

How much time do I have to file a wrongful death claim?

If you are eligible to file a wrongful death claim, you only have two years from the date a person has died to initiate a lawsuit. You should seek legal help and start the process as soon as possible.

Contact a Kansas Wrongful Death Lawyer Today 

If you believe that a loved one died because of negligence or an intentional wrongful act of someone else, you should consult our wrongful death attorney. Pyle Law can help evaluate the specifics of your case and simplify an often complicated process. Set up a consultation today.