Losing a loved one due to someone else's negligence is devastating, and Kansas law provides a legal path for surviving family members to seek justice. However, not everyone is authorized to file a wrongful death lawsuit in Kansas. The state's wrongful death statutes, found in K.S.A. 60-1901 and K.S.A. 60-1902, define who has standing to bring a claim, what must be proven, and how damages are distributed. This guide explains exactly which individuals are authorized to file a wrongful death lawsuit in Kansas and what families need to know before taking legal action.
What Is Wrongful Death Under Kansas Law?
A wrongful death is a death caused by the wrongful act, neglect, or omission of another person or entity. Under K.S.A. 60-1901, a wrongful death action may be maintained if the deceased person could have brought a personal injury claim had they survived. This means that any scenario involving negligence or intentional harm, from car accidents and truck collisions to carbon monoxide poisoning and aviation crashes, can form the basis of a wrongful death claim in Kansas.
Who Can File a Wrongful Death Lawsuit in Kansas?
Under K.S.A. 60-1902, only the deceased person's "heirs at law" who have sustained a loss because of the death may file a wrongful death lawsuit. An heir at law is a person who would be entitled to inherit from the deceased under Kansas intestate succession laws, meaning they would inherit if the deceased died without a will.
Unlike some states that require a personal representative of the estate to file, Kansas allows any qualifying heir at law to commence the action directly. This is a critical distinction that makes Kansas somewhat unique in wrongful death law.
Eligible Parties Under Kansas Law
| Eligible Party | Relationship to Deceased | Filing Priority |
|---|---|---|
| Surviving Spouse | Legal husband or wife | Primary heir |
| Children | Biological or legally adopted | Primary heir |
| Parents | Biological or adoptive | If no spouse or children |
| Siblings | Brothers or sisters | If no spouse, children, or parents |
| Grandparents | Paternal or maternal | More distant heir |
| Grandchildren | Children of deceased's children | More distant heir |
| Estate Executor | Court-appointed representative | Only if no next of kin exist |
Understanding the Heir-at-Law Hierarchy
Kansas follows intestate succession rules to determine who qualifies as an heir at law. Intestate succession is the legal framework that determines inheritance when someone dies without a will. In practical terms, the surviving spouse and children hold the highest priority. If the deceased had no spouse or children, the right passes to parents, then siblings, and then more distant relatives.
Important Limitations
Kansas courts have ruled that a parent is not considered an "heir at law" when the deceased person's children are still living. In Carter v. City of Emporia (1982), the court held that the mother could not file a wrongful death action because the deceased's children survived. Similarly, siblings are not heirs at law as long as the deceased's parents are alive.
A child whose parent's rights have been legally severed is not considered an heir. This was established in Wilson v. Kansas Gas & Electric Co. (1987).
How Other Heirs Can Join the Lawsuit
While only one heir at law needs to file the initial wrongful death lawsuit, Kansas law permits other qualifying heirs to intervene. Under K.S.A. 60-1902, any heir who did not join as a party plaintiff but claims to have been damaged by the death may intervene in the action.
The action is for the exclusive benefit of all heirs who sustained a loss, regardless of whether they all join the lawsuit. The court will apportion any recovery among eligible heirs based on their individual losses. If heirs cannot agree on a division, the judge will allocate the proceeds. Understanding your rights in these situations requires skilled legal guidance from an experienced Kansas City wrongful death lawyer.
Kansas Wrongful Death Statute of Limitations
Kansas imposes a strict two-year statute of limitations on wrongful death claims under K.S.A. 60-513(a)(5). The statute of limitations is the deadline by which a lawsuit must be filed or the right to sue is permanently lost. The clock starts on the date of the person's death, not the date the injury occurred.
If a government entity or employee caused the death, additional rules apply under the Kansas Tort Claims Act (K.S.A. 75-6104). These cases involve shorter notice deadlines and additional procedural hurdles. Acting quickly and consulting an attorney is essential to preserving your claim.
Common Causes of Wrongful Death in Kansas
Wrongful death claims in Kansas arise from many types of fatal incidents. At Presley and Presley Trial Lawyers, our attorneys have handled wrongful death cases stemming from semi-truck and 18-wheeler accidents, airplane and helicopter crashes, carbon monoxide poisoning, propane tank and gas explosions, motorcycle accidents, and more.
Our firm has won $30 million for the family of a wrongful death caused by carbon monoxide exposure and secured $9.2 million for victims of a fatal plane crash. With over 40 years of experience, Kirk Presley and Jill Presley have both earned 2026 Best Lawyers individual recognition, and the firm holds Tier 1 rankings in Personal Injury Litigation (Plaintiffs), Aviation Law, and Insurance Litigation for Kansas City. Jill Presley was named Aviation Lawyer of the Year 2026 by Best Lawyers.
Key Takeaways
- Only "heirs at law" of the deceased may file a wrongful death lawsuit in Kansas under K.S.A. 60-1902.
- Heirs at law are determined by Kansas intestate succession rules, typically including spouses, children, parents, and siblings in that order.
- Any single heir at law can initiate the lawsuit; other heirs may intervene.
- Recovery benefits all eligible heirs who sustained a loss, even if they did not join the lawsuit.
- Kansas has a strict two-year statute of limitations from the date of death.
- Parents cannot file if the deceased's children survive, and siblings cannot file if the deceased's parents are living.
- An experienced wrongful death attorney can clarify your standing and protect your rights within the legal deadline.
Frequently Asked Questions
Can a spouse file a wrongful death lawsuit in Kansas?
Yes. A surviving spouse is typically the primary heir at law and has full legal standing to file a wrongful death lawsuit in Kansas, provided they sustained a loss due to the death.
Can parents file a wrongful death claim for their child in Kansas?
Parents can file if the deceased child had no surviving spouse or children of their own. If the child left behind their own children, those children take priority as heirs at law.
What if multiple family members want to file?
Only one wrongful death lawsuit can be filed per death in Kansas. One heir at law initiates the case, and other eligible heirs may intervene. The court distributes any award among all heirs who suffered a loss.
Can an executor of a will file a wrongful death lawsuit in Kansas?
Generally, no. The executor of a will does not automatically have standing. However, if no heirs at law exist to file, the executor may be permitted to bring the claim.
What is the deadline to file a wrongful death lawsuit in Kansas?
You have two years from the date of death to file under K.S.A. 60-513(a)(5). Missing this deadline almost always means losing the right to seek compensation.
Does a criminal conviction affect a wrongful death civil case?
A criminal conviction can strengthen a civil wrongful death case, but it is not required. Civil and criminal cases are separate proceedings with different burdens of proof.
What damages can be recovered in a Kansas wrongful death lawsuit?
Kansas law allows recovery of both economic damages (medical costs, lost wages, funeral expenses) and non-economic damages (loss of companionship, mental anguish, suffering). Learn more about wrongful death settlements and what families should know.
How is the recovery divided among heirs?
If heirs agree on a division, the court honors that agreement. If they cannot agree, the judge will apportion the proceeds based on each heir's demonstrated losses and relationship to the deceased.
Speak With a Kansas City Wrongful Death Lawyer
If you have lost a loved one due to someone else's negligence in Kansas, understanding your legal standing is the first step toward accountability. Presley and Presley Trial Lawyers, named one of the best law firms in the U.S. by Best Lawyers, has recovered millions for grieving families in wrongful death cases involving truck accidents, aviation crashes, carbon monoxide poisoning, and insurance bad faith. Contact us today at (816) 931-4611 for a free consultation and let our experienced attorneys protect your family's rights.