Wrongful Death Lawsuits in Kansas
Who can bring a wrongful death claim in Kansas, the deadline to file, and any limits on damages.
Short answer: Any one of the deceased person's heirs at law who suffered a loss because of the death may bring the action. Other heirs who claim damage may intervene. Kan. Stat. Ann. § 60-1902
| Who can sue for wrongful death | Any one of the deceased person's heirs at law who suffered a loss because of the death may bring the action. Other heirs who claim damage may intervene. The action is for the benefit of all heirs who suffered a loss, whether or not they join. Source: Kan. Stat. Ann. § 60-1902 |
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| Wrongful death deadline | A wrongful death lawsuit must be filed within two years. Source: Kan. Stat. Ann. § 60-513(a)(5) |
| Damage caps | In wrongful death cases, damages other than the heirs' pecuniary (financial) losses may not exceed $250,000 in total, plus costs; the jury is not told about the limit. The statutes also contain a cap on non-economic damages in personal injury cases ($350,000 for claims accruing on or after July 1, 2022), but the Revisor's annotations to that section note that the Kansas Supreme Court held this cap to be an unconstitutional violation of the right to trial by jury in Hilburn v. Enerpipe Ltd. (2019). |
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FAQ
Who can file a wrongful death lawsuit in Kansas?
Any one of the deceased person's heirs at law who suffered a loss because of the death may bring the action. Other heirs who claim damage may intervene. The action is for the benefit of all heirs who suffered a loss, whether or not they join.
How long do you have to file a wrongful death lawsuit in Kansas?
A wrongful death lawsuit must be filed within two years.
Does Kansas cap damages in personal injury cases?
In wrongful death cases, damages other than the heirs' pecuniary (financial) losses may not exceed $250,000 in total, plus costs; the jury is not told about the limit. The statutes also contain a cap on non-economic damages in personal injury cases ($350,000 for claims accruing on or after July 1, 2022), but the Revisor's annotations to that section note that the Kansas Supreme Court held this cap to be an unconstitutional violation of the right to trial by jury in Hilburn v. Enerpipe Ltd. (2019).
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.