Kansas Wrongful Death Laws

The plaintiff in wrongful-death cases seeks monetary damages the deceased would have received had he survived.

Kansas law states that wrongful death occurs when the death of a person is caused by proven negligence or wrongful actions brought upon by a person or corporation. The plaintiff seeks the monetary damages that the deceased would have received had he survived.

Statute of Limitations

Kansas has a statute of limitations on filing a wrongful death claim. In most cases, such claims must be filed within two years of the date of death; unless facts of the case were not evident until some time afterward. Under no circumstances could a wrongful-death lawsuit be filed 10 years after the event.

Plaintiffs

A wrongful-death lawsuit can be filed in Kansas civil courts by any heir of the deceased including spouse, children and siblings who have sustained a loss due to the death. Others who claim to be damaged by the death may intervene.

Amount of Damages

Kansas law states that the plaintiff cannot be awarded more than $250,000 for non- pecuniary loss. A Kansas court or jury will determine the amount of damages owed to the plaintiff. Jurors are not informed by the court about non-pecuniary limits. If the juror's judgment exceeds the state limit, the plaintiff will be awarded $250,000.

References

• Kansas Statutes: Article 19: Wrongful Death Actions

Resources

• 18th Judicial District Court: General Information