Losing a loved one because of someone else's negligence is devastating. On top of grief, Kansas families must navigate complex legal rules just to learn whether they have the right to file a wrongful death claim. Kansas law limits who may bring this type of lawsuit, and understanding the rules early can protect your family's right to compensation. This guide explains which individuals are authorized under Kansas statute to file a wrongful death lawsuit, how the process works, and what deadlines apply. If you need immediate guidance, our Kansas City wrongful death lawyers at Presley and Presley Trial Lawyers are here to help.
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 Kansas Statute 60-1901, a wrongful death claim can be brought whenever the deceased person could have filed a personal injury lawsuit had they survived. In other words, the wrongful death action steps into the shoes of the person who died.
Common scenarios that give rise to wrongful death claims in Kansas include fatal car accidents, semi-truck collisions, airplane and helicopter crashes, carbon monoxide poisoning, propane tank explosions, and other catastrophic events.
Who Is Authorized to File a Wrongful Death Lawsuit?
Kansas Statute 60-1902 provides the answer. 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. This means you must meet two requirements: (1) you must qualify as an heir at law, and (2) you must have personally suffered a loss because of the death.
Unlike some states that allow only a personal representative of the estate to file, Kansas permits any qualifying heir to initiate the lawsuit. However, only one wrongful death lawsuit may be filed per death. Any other heir who did not join the original action but who also sustained a loss may intervene in that lawsuit.
Understanding "Heirs at Law" in Kansas
An heir at law is a person entitled to inherit from the deceased under Kansas intestate succession laws. Intestate succession is the legal framework that distributes a person's estate when they die without a valid will. Even if the deceased had a will, wrongful death standing is determined by intestate succession rules, not the will itself.
Key Points About Heirs at Law
- An heir at law must be a blood relation or legal spouse of the deceased.
- The existence of closer heirs can exclude more distant relatives from filing.
- A child whose parent's parental rights were severed is generally not considered an heir.
Who Is NOT Automatically Eligible
Friends, unmarried domestic partners, and stepchildren without legal adoption typically lack standing. Additionally, if a surviving parent's children also survived the deceased, that parent may not qualify as an heir at law for filing purposes.
Hierarchy of Eligible Heirs
Kansas intestate succession statutes create a priority order. The table below summarizes which family members most commonly qualify to file or recover in a wrongful death case.
| Priority Level | Relationship to Deceased | Filing Eligibility |
|---|---|---|
| 1 | Surviving Spouse | Yes, if a loss is demonstrated |
| 2 | Children (biological or legally adopted) | Yes, if a loss is demonstrated |
| 3 | Parents | Yes, if no surviving spouse or children |
| 4 | Siblings | Yes, if no closer heirs survive |
| 5 | Grandparents / Grandchildren | Yes, if no closer heirs survive |
| 6 | More distant relatives (e.g., cousins) | Potentially, if financially dependent on the deceased |
Once a wrongful death lawsuit is filed, the recovery benefits all heirs who sustained a loss, regardless of whether they formally joined the lawsuit. The court apportions damages among eligible heirs based on each person's relationship with and losses from the death.
Kansas Wrongful Death Statute of Limitations
A statute of limitations is a deadline imposed by law for filing a lawsuit. In Kansas, the statute of limitations for wrongful death is two years from the date of the person's death, as set forth in K.S.A. 60-513(a)(5). Missing this deadline almost always results in losing the right to seek compensation.
Special Circumstances
If the death was caused by a government entity or employee, the Kansas Tort Claims Act (K.S.A. 75-6104) imposes additional procedural requirements. Cases involving traumatic brain injuries or spinal cord injuries that later prove fatal also require prompt legal action to preserve evidence.
Damages Available in a Kansas Wrongful Death Case
Kansas divides wrongful death damages into two categories: economic and non-economic.
Economic Damages
These include lost future earnings of the deceased, medical bills incurred before death, and funeral and burial expenses. Each heir's economic losses are calculated individually.
Non-Economic Damages
Non-economic damages cover loss of companionship, emotional suffering, loss of parental guidance for minor children, and mental anguish. Kansas does not currently cap non-economic damages in most wrongful death cases.
When an insurance company refuses to pay a valid claim or undervalues it, that conduct may amount to insurance bad faith, which can result in additional liability for the insurer.
Key Takeaways
- Only "heirs at law" who have sustained a loss may file a wrongful death lawsuit in Kansas under K.S.A. 60-1902.
- Surviving spouses, children, and parents are the most common eligible filers.
- Siblings, grandparents, and more distant relatives may qualify if no closer heirs exist.
- Only one wrongful death lawsuit may be filed per death, but all eligible heirs benefit from any recovery.
- The statute of limitations is two years from the date of death.
- Kansas determines filing eligibility through intestate succession rules, not through a will.
- Presley and Presley Trial Lawyers, recognized as a 2026 Best Lawyers Tier 1 firm for Personal Injury Litigation in Kansas City, can help families navigate these complex rules.
Frequently Asked Questions
Can a spouse file a wrongful death lawsuit in Kansas?
Yes. A surviving spouse is typically first in the hierarchy of heirs at law and may file a wrongful death lawsuit if they have sustained a loss because of the death.
Can parents sue for the wrongful death of a child in Kansas?
Parents can file a wrongful death claim if the deceased child had no surviving spouse or children of their own. Parental standing depends on intestate succession priority.
Can siblings file a wrongful death claim in Kansas?
Siblings may file only if no surviving spouse, children, or parents exist. Kansas courts have held that siblings are not heirs at law while parents are still alive.
Does a personal representative of the estate file the lawsuit?
Unlike some states, Kansas does not require a personal representative to file. Any heir at law who suffered a loss may initiate the action. However, if no next of kin exists, the executor of the estate may file.
What is the deadline to file a wrongful death lawsuit in Kansas?
You have two years from the date of death. This deadline is firm, and missing it will almost certainly bar your claim.
Can stepchildren file a wrongful death claim in Kansas?
Generally, no. Unless the stepchild was legally adopted by the deceased, they are not considered an heir at law under Kansas intestate succession rules.
What if multiple family members want to file?
Only one lawsuit can be filed. Any heir at law may start the case, and other heirs who sustained losses may intervene. The court will divide any recovery among all eligible heirs.
Do I need an attorney to file a wrongful death claim?
While not legally required, wrongful death cases involve complex procedural rules, strict deadlines, and difficult negotiations with insurance companies. Working with an experienced firm like Presley and Presley Trial Lawyers, named one of the best law firms in the U.S. by Best Lawyers, significantly improves your chance of a fair recovery.
Talk to a Kansas City Wrongful Death Attorney Today
If you lost a family member because of someone else's negligence, time is critical. The two-year filing deadline can arrive faster than you expect. Kirk Presley and Jill Presley, both recognized individually by 2026 Best Lawyers, along with their team bring over 40 years of experience to catastrophic injury and wrongful death cases across Kansas and Missouri.
Contact Presley and Presley Trial Lawyers today for a free, confidential consultation. There is no fee unless we recover compensation for you.