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What Is a Wrongful Death Under Kansas Law?
Under K.S.A. 60-1901, a wrongful death claim exists when a person’s death is caused by the wrongful act or omission of another party, where the deceased could have brought a personal injury claim had they survived, including:
- Car, truck, and motorcycle accidents caused by drunk, distracted, or reckless driving, defective vehicle parts, or trucking regulation violations
- Commercial vehicle accidents involving negligent drivers or companies
- Slip and fall accidents caused by hazardous conditions such as wet floors, uneven surfaces, or poor lighting
- Other property owner negligence, including dog bites, swimming pool accidents, and violent crimes due to inadequate security
If Negligence Is to Blame, You May Have a Case
This is only a small sample of what can give rise to a wrongful death claim. If your loved one died in a fatal accident in Topeka and you suspect negligence or wrongdoing was to blame, an experienced Topeka personal injury lawyer can help you understand your legal options.
Kansas Wrongful Death Basics
Kansas wrongful death law involves specific rules most families have never had reason to learn. Here are the basics, including who may bring a claim, what damages may be available, and the timelines that can affect your case:
Who Has Standing to File?
Under Kansas law, any “heir at law” of the deceased may file or join a wrongful death claim, provided they suffered a loss as a result of the death. Heirs at law commonly include the decedent’s spouse, children, and parents, though siblings and more distant relatives may also qualify depending on the circumstances.
How Are Benefits Distributed?
While one heir may file the claim, Kansas law entitles all heirs who suffered a loss to a share of any recovery, whether or not they joined the suit. Under K.S.A. 60-1905, the court holds a hearing to apportion the recovery among heirs based on the nature and extent of each person’s loss.
This process is one reason an experienced wrongful death lawyer is so valuable, helping ensure the apportionment fairly reflects each family member’s loss and avoiding disputes that can arise when relatives disagree.
What Compensation Is Available?
Damages in a Kansas wrongful death claim fall into two categories: economic and non-economic. Economic damages, which have no statutory cap, may include:
- Loss of income: the wages, financial support, and benefits the decedent would have contributed to the household
- Loss of household services: the value of chores, childcare, cooking, and home maintenance the decedent provided
- Funeral and burial expenses: the direct costs of laying the decedent to rest
Non-economic damages compensate for losses such as mental anguish, bereavement, loss of society, companionship, comfort, and protection. Under K.S.A. 60-1903, non-economic damages in a Kansas wrongful death claim are capped at $250,000.
A thorough accounting of every loss, economic and non-economic, is essential to building a complete wrongful death claim.
What Is the Statute of Limitations?
The statute of limitations for filing a wrongful death claim in Kansas is generally two years from the date of death, under K.S.A. 60-513. If this deadline passes without legal action being taken, the right to seek compensation is lost. In practical terms, it is best to act well before the deadline, since the sooner an attorney can begin building a case, the stronger that case will be.
Embarking on litigation can feel like an uphill battle, especially when you’re recovering from a serious injury. That’s why you hire the best lawyer in the business.
Why Topeka Families Trust DeVaughn James With Their Wrongful Death Claim
DeVaughn James Injury Lawyers is a respected presence in the Topeka legal community, routinely handling wrongful death claims in Shawnee County District Court and throughout Kansas. We know the local insurance defense firms, the local courts, and the state laws that shape these cases.
That local knowledge matters, but it’s not where we start with your family. Before we turn to the legal issues in your claim, we’ll help you get your other needs in order first, from funeral arrangements to bringing your family together, so the legal fight can wait until you’re ready for it.
Our lead attorneys, Dustin DeVaughn and Richard James, are Board Certified in Truck Accident Law by the National Board of Trial Advocacy, a credential that becomes especially valuable when a wrongful death involves a negligent truck driver or trucking company.
With deep knowledge of Kansas wrongful death statutes and extensive courtroom experience, our team is ready to guide your family through every stage of this process.
What to Expect From the Legal Process
While the process of filing a claim may be foreign to you, our attorneys and staff are here to give you an accurate sense of what to expect:
- The process usually begins with an investigation. Our team gathers evidence, secures records, speaks with witnesses, and works to preserve important evidence before it disappears.
- We identify the surviving family members involved in the claim. Kansas wrongful death cases are brought on behalf of eligible heirs, so part of the process involves determining who may legally recover compensation.
- A lawsuit is then formally filed in court. Many cases are filed in Shawnee County District Court, although the proper venue may depend on where the fatal accident occurred or where the parties are located.
- Both sides exchange information during discovery. This stage may involve written questions, document requests, depositions, and expert analysis as each side develops its case.
- Most cases are resolved through settlement negotiations. Before trial, the parties often attempt to reach a fair agreement through negotiation or mediation, which is where many wrongful death claims conclude.
- Trial may be necessary. If the other party refuses to offer a reasonable settlement, the case may proceed to trial, where a judge or jury will decide the outcome and any compensation owed.
- Settlements and verdicts must be approved by the court. Once a settlement is reached or a verdict is returned, the court holds a hearing to approve the recovery and apportion it among eligible heirs based on each person’s loss.
An experienced Topeka wrongful death attorney can guide you through each of these steps, making sure you are up-to-date and informed through all parts of the process.
A Compassionate Legal Team That Gets Results: Schedule a Free Consultation
At DeVaughn James Injury Lawyers, we know that what matters most is results: real compensation for the hardships your family has faced because of a wrongful death. Our team includes former insurance defense attorneys who know exactly how the other side builds its case. We put that experience to work for your family on contingency, so you pay nothing unless we win.
When you’re ready to discuss your legal options with an experienced Topeka wrongful death lawyer, we’ll be here. Contact us to arrange a free, confidential consultation.
Your injury changed your life. The result of your case should help you reclaim it. We pursue every avenue available to secure meaningful compensation and a path forward.
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