Bereaved Rights

State wrongful death guide

Kansas Wrongful Death Law Guide

In Kansas, any heir at law who lost financial support from the deceased can sue. Families may recover lost income/support and funeral or medical costs, as well as non-economic damages like grief, loss of companionship, and parental care.

Quick facts for Kansas

  • Who can file: Any heir at law who has lost support from the deceased may bring the action, including a surviving spouse, child, or parent. One heir can sue for all heirs; others may intervene.
  • Deadline to file: 2 years from date of death (with a 10-year repose)
  • Key statute: Kan. Stat. Ann. §§ 60-1901–60-1905 (2024)

Types of compensation families may pursue

  • Economic losses (lost income, benefits, etc.) and medical/funeral expenses
  • Mental anguish, grief, and bereavement
  • Loss of society or companionship
  • Loss of marital care, advice, or counsel

Non-economic damages are capped at $250,000. No cap on economic damages. Punitive damages are not available.

Kansas Wrongful Death Laws

Kansas law lets family members sue when a death is caused by another’s wrongful act or omission. Any heir at law who was financially affected can be the plaintiff (typically a surviving spouse, child, or parent). One heir can start the lawsuit for everyone’s benefit, and others may join later. The case must be filed within 2 years of death.

Who Can File

Any heir at law who suffered a loss because of the death can sue. This includes the spouse, children, or, if none, the parents of the deceased. A single heir may sue on behalf of all heirs.

Time Limit

Kansas wrongful death claims generally must be filed within 2 years of the death. If a decedent’s injury was hidden, a longer “discovery” rule applies (but no suit may be filed more than 10 years after the fatal act).

Recoverable Damages

Kansas permits both economic and non-economic damages in wrongful death cases. Recoverable damages include:

  • Lost financial support: the wages, benefits, or services the deceased would have provided (to you or your family).
  • Funeral and medical expenses associated with the death.
  • Emotional losses: this explicitly includes the survivors’ mental anguish or bereavement, loss of society/companionship, and loss of marital or parental guidance.

Damage Caps

Non-economic damages (pain, suffering, loss of companionship, etc.) are capped at $250,000. This cap is on the total non-economic recovery, regardless of number of heirs. There is no cap on economic losses. Kansas does not allow punitive damages in wrongful death suits.

Special Rules

If no estate is opened for the deceased, any heir who paid wrongful-death-related bills (like medical or burial costs) can recover those expenses. All heirs share in the verdict or settlement even if they did not personally sue. The court will distribute any award to heirs according to their losses.

Common Examples

Typical wrongful death scenarios in Kansas include fatal car crashes, medical malpractice, workplace accidents, defective product incidents, and violent crimes. In these cases, the surviving spouse, children, or other heirs may file suit for their losses.

Common questions about wrongful death

These answers are general information only and are not legal advice. Laws can change, and how they apply depends on your specific situation.

How long do I have to file a wrongful death lawsuit in Kansas? +

Most Kansas wrongful death lawsuits must be filed **within two years of the date of death**. If the lawsuit is filed after this two-year deadline, courts will almost always dismiss it, regardless of the underlying circumstances. Some exceptions may extend the deadline in rare situations—such as when the cause of death could not reasonably have been discovered—but families should not rely on these without legal guidance. Claims involving government defendants may have shorter notice requirements under the Kansas Tort Claims Act. This answer is informational only and not legal advice.

Who can file a wrongful death lawsuit in Kansas? +

In Kansas, **any one of the deceased person’s heirs at law** may file a wrongful death lawsuit. This typically includes the surviving spouse, children, parents, or other relatives who would inherit under Kansas intestacy law. Even though only one heir needs to file, the lawsuit is pursued **on behalf of all heirs who suffered losses** because of the death. The court later determines how any recovery is fairly distributed. Kansas does not require the estate’s personal representative to file the action, although the representative may participate when appropriate. This answer is informational only and not legal advice.

What damages are available in a Kansas wrongful death case? +

Kansas allows families to recover both economic and noneconomic damages in a wrongful death case. **Economic damages** may include: - Medical expenses related to the final injury or illness - Funeral and burial expenses - Loss of financial support, services, and care the decedent would have provided **Noneconomic damages** may include: - Loss of companionship, comfort, guidance, and marital or parental care - The survivors’ mental anguish, suffering, or bereavement Kansas law places a **cap on noneconomic damages** in wrongful death cases. This cap applies to all noneconomic harms combined and is adjusted periodically by statute. Economic damages such as medical and funeral expenses are **not capped**. Kansas does **not** allow punitive damages in wrongful death actions. This answer is informational only and not legal advice.