Who Gets the Money in a Wrongful Death Lawsuit?
By Pyle Law, Reviewed by E. Thomas Pyle September 01 2026 5:18 pmPyle Law | Kansas Personal Injury & Workers’ Compensation Lawyer helps grieving families understand exactly who gets the money in a wrongful death lawsuit in Kansas: the heirs at law, the family members whose share state law entitles them to, who also suffered a genuine loss. Kansas courts award compensation to those eligible relatives, such as a surviving spouse, children, or parents, dividing the funds according to each person’s measurable financial and emotional loss. A Kansas Wrongful Death Lawyer can identify every eligible heir and explain how a court divides that money among them.
Only the heirs at law of the deceased may bring a wrongful death claim in Kansas. K.S.A. 60-1902 allows any one of the heirs at law who sustained a loss to file the lawsuit. The case then benefits every heir who suffered a loss, whether or not each one formally joins.
Several categories of heirs may qualify under Kansas law, depending on which family members survive them.
With those heirs identified, who gets the money in a wrongful death lawsuit in Kansas comes down to how much a judge decides each person actually lost when their family member died. A spouse who relied heavily on the deceased’s income may receive a larger share than a distant relative who suffered less.
Under K.S.A. 60-1905, the judge divides the net recovery, the amount left after court costs and reasonable attorney’s fees. That division happens at a hearing, with notice sent to every known heir who may be entitled to a share. Each heir who sustained a loss shares in that division, even without joining the lawsuit. Once the order is entered and funds are distributed, an heir who did not participate generally cannot challenge the division unless fraud was involved.
Kansas recognizes two broad categories of wrongful death damages. Economic losses include funeral expenses, medical bills tied to the fatal injury, and the financial support the deceased would have provided over time linked to their job or earning capacity.
Non-economic losses cover the loss of companionship, guidance, and emotional support surviving family members can no longer receive, aspects that are difficult to prove on paper and related to emotional sequels. These losses differ in every family, which is why no two cases carry the same value even when the underlying accident looks similar.
A fair recovery accounts for the deceased’s age, earning history, and the closeness of each surviving relationship. Economic loss tends to run higher when the deceased was a young parent supporting several children, and lower when the deceased was an elderly relative with no dependents. Courts also weigh non-economic factors, such as how deeply an heir’s daily life changed. An attorney familiar with Kansas wrongful death law can make sure no loss goes undervalued.
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Most Kansas wrongful death claims settle before trial. Once a settlement is reached, the responsible party’s insurer pays the agreed amount, and the court still holds the required hearing to divide the funds among the heirs. Funds typically arrive as a lump sum, though some are spread out over time for long-term needs.
Wrongful death cases can take months to resolve when it is unclear who caused the accident, and there are several parties involved, while straightforward claims with clear fault sometimes settle sooner. Early records and witness accounts help keep the case moving toward resolution.
Pyle Law | Kansas Personal Injury & Workers Compensation Lawyer has spent over 25 years standing beside injured Kansans and grieving families across the state. If you are trying to determine who gets the money in a wrongful death lawsuit after losing a loved one, our team is ready to explain your options and help you pursue the compensation your family deserves. Call (620) 241-9000 today to speak with a wrongful death lawyer about your case.
Pyle Law was founded in 1999 with a commitment to fewer clients and better service. We believe that each and every client is important and everyone is entitled to justice and equal protection under our laws. We make every case a priority and are committed to keeping each client informed about the status of their case. We do not guarantee results, but we do guarantee effort.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney E. Thomas Pyle who has more than 20 years of legal experience as a practicing personal injury trial attorney.
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