Losing a loved one due to someone else's negligence is devastating, and understanding your legal rights during that time can feel overwhelming. Kansas law strictly limits who is authorized to file a wrongful death lawsuit, and eligibility hinges on the concept of "heirs at law" under the state's intestate succession rules. If you are a surviving spouse, child, parent, or other family member in the Kansas City area wondering whether you have standing to pursue a claim, this guide breaks down exactly who qualifies, how the process works, and what deadlines you must meet. The wrongful death attorneys at Presley and Presley Trial Lawyers are here to help you navigate every step.
What Is Wrongful Death Under Kansas Law?
A wrongful death is a death caused by the wrongful act, neglect, or default of another person or entity. Under K.S.A. 60-1901, a wrongful death claim can be brought in any situation where the deceased could have pursued a personal injury lawsuit had they survived the incident.
Common scenarios that give rise to wrongful death claims in Kansas include truck accidents, aviation crashes, carbon monoxide poisoning, car accidents, motorcycle crashes, and catastrophic workplace incidents such as propane tank or gas explosions. When negligent or reckless conduct takes a life, Kansas law provides surviving family members a path to accountability and compensation.
Who Is Authorized to File a Wrongful Death Lawsuit?
Under K.S.A. 60-1902, the action may be commenced by any one of the "heirs at law" of the deceased who has sustained a loss by reason of the death. An heir at law is a person who would inherit the deceased's property under Kansas intestate succession statutes if the deceased died without a will.
In practical terms, the individuals most commonly eligible to file include:
- Surviving spouse
- Biological or legally adopted children
- Parents (when the deceased has no surviving spouse or children)
- Siblings (when no spouse, children, or parents survive)
- Grandparents or more distant relatives (in rare circumstances, when no closer heirs exist)
It is important to note that the deceased's estate itself is not considered an "heir at law" and generally cannot initiate the claim independently. However, if no next of kin are available, the executor or a court-appointed personal representative may file on behalf of the estate.
Who Cannot File
Kansas courts have ruled that if parental rights were legally severed, neither the parent nor the child retains standing to file a wrongful death action. In Wilson v. Kansas Gas & Electric Co., the court held that a child of a parent whose parental rights have been terminated is not an heir at law.
How Kansas Intestate Succession Determines Standing
Intestate succession is the legal framework that dictates how a deceased person's property is distributed when no valid will exists. Kansas wrongful death standing follows this same hierarchy. The key rule is that when a Kansas decedent leaves a surviving spouse and/or child, Kansas intestate succession rules exclude parents or siblings as heirs.
| Surviving Family Members | Who Has Standing to File |
|---|---|
| Spouse and children | Spouse and children only |
| Spouse, no children | Surviving spouse (sole heir) |
| Children, no spouse | Children only |
| No spouse or children | Parents |
| No spouse, children, or parents | Siblings or more distant relatives |
This hierarchy means that a parent grieving the loss of an adult child who left behind a spouse has no independent standing to file. Understanding where you fall in this order is critical before taking legal action.
The One-Lawsuit Rule and Heir Intervention
Kansas permits only one wrongful death lawsuit per death. Any single heir at law who has sustained a loss may initiate the case. However, any other heir who did not join as a party plaintiff in the original action may intervene and be added later.
The action is for the exclusive benefit of all heirs who sustained a loss, regardless of whether they all join the lawsuit. If heirs cannot agree on how to divide the recovery, the court will apportion damages based on factors such as each heir's relationship to the deceased, the financial and emotional dependence on the deceased, and the age of each survivor.
Statute of Limitations: The Two-Year Deadline
The statute of limitations is the legally mandated window of time within which a lawsuit must be filed. Under K.S.A. 60-513, Kansas gives surviving heirs two years from the date of death to file a wrongful death claim. Missing this deadline almost certainly means the court will dismiss the case, no matter how strong the evidence.
Special rules may apply when a government entity is involved. Under K.S.A. 75-6104, also known as the Kansas Tort Claims Act, additional limitations and exceptions can affect your timeline. Acting quickly and consulting with an experienced wrongful death lawyer protects your family's right to recover.
Damages Available in a Kansas Wrongful Death Case
Kansas wrongful death damages fall into two categories: economic (pecuniary) and non-economic (non-pecuniary). Economic damages have no statutory cap and may include medical expenses incurred before death, funeral and burial costs, lost income and future earning capacity, and loss of household services.
Non-economic damages, covering grief, loss of companionship, and emotional suffering, are capped at $250,000 under K.S.A. 60-1903. Kansas also follows a modified comparative negligence rule: the family can recover only if the deceased was less than 50% at fault for the incident.
Presley and Presley Trial Lawyers has a proven record of winning substantial recoveries in wrongful death cases, including a $30 million recovery for a family after a wrongful death caused by carbon monoxide exposure. Recognized by Best Lawyers as a Tier 1 firm for Personal Injury Litigation (Plaintiffs) in Kansas City for 2026, the firm brings over 40 years of trial experience to every case. Both Kirk Presley and Jill Presley received 2026 Best Lawyers individual recognition, and Jill Presley was named Aviation Lawyer of the Year for 2026.
Key Takeaways
- Only "heirs at law" under Kansas intestate succession rules have standing to file a wrongful death lawsuit under K.S.A. 60-1902.
- The most common eligible parties are the surviving spouse, children, parents, and siblings, in that priority order.
- When a spouse or children survive, parents and siblings are excluded from filing.
- Only one wrongful death lawsuit may be filed, but all eligible heirs benefit from any recovery.
- The statute of limitations is two years from the date of death with very limited exceptions.
- Non-economic damages are capped at $250,000, but there is no cap on economic damages.
- Consulting an experienced wrongful death attorney promptly is essential to preserve your rights.
Frequently Asked Questions
Can a parent file a wrongful death lawsuit for an adult child in Kansas?
Only if the deceased adult child left no surviving spouse or children. Kansas intestate succession rules give priority to the spouse and children first, which excludes parents from heir-at-law status when those closer relatives survive.
Can siblings file a wrongful death claim in Kansas?
Siblings may file only if no surviving spouse, children, or parents qualify as heirs at law. Kansas courts have held that surviving siblings are not heirs at law so long as parents are alive.
What is the deadline to file a wrongful death lawsuit in Kansas?
The statute of limitations under K.S.A. 60-513 is two years from the date of the person's death. If this deadline passes, the court will almost certainly refuse to hear the case.
Does Kansas cap wrongful death damages?
Kansas caps non-economic damages at $250,000 under K.S.A. 60-1903. There is no cap on economic damages such as lost wages, medical bills, and funeral expenses.
Can a wrongful death claim be filed for an unborn child in Kansas?
Yes. Under K.S.A. 60-1901, the term "person" includes an unborn child, defined as a living individual organism of the species homo sapiens at any stage of gestation. Certain statutory exceptions apply.
What happens if multiple family members want to file?
Kansas allows only one wrongful death lawsuit per death. One heir at law initiates the case, and any other eligible heirs may intervene. The court or jury then apportions damages among all heirs who sustained a loss.
Can an executor of a will file a wrongful death lawsuit?
The executor does not automatically have standing. The right belongs to heirs at law first. If no next of kin can file, the executor or a court-appointed personal representative may bring the action.
Does it matter if the person who caused the death also died?
No. Kansas law permits a wrongful death claim to be filed against the wrongdoer's personal representative or estate if that person is also deceased.
Talk to a Kansas City Wrongful Death Lawyer Today
If you have lost a loved one due to negligence in a truck accident, aviation crash, carbon monoxide incident, or any other catastrophic event, your family may have the right to pursue a wrongful death claim. Time is limited. Contact Presley and Presley Trial Lawyers at (816) 931-4611 for a free consultation. With over 40 years of experience and millions recovered for Kansas City families, our team is ready to fight for the justice your family deserves.