How To File a Wrongful Death Claim

Losing a loved one in a preventable accident can be extremely difficult. While filing a wrongful death claim can’t bring them back, it can provide a small amount of peace of mind to surviving family members struggling with the financial implications of their loved one’s unexpected death. 

Learn how to file a wrongful death claim in Kansas from Larry Wall Trial Law. 

Who Can File a Wrongful Death Claim in Kansas? 

In some states, only the decedent’s closest surviving family members or personal representative have the right to file a wrongful death claim. But in Kansas, the criteria for eligibility to file are much broader. Any of the deceased’s “heirs at law,” or those who suffered a loss as a result of the death, are generally eligible to file. 

These might include the decedent’s:

• Spouse
• Children
• Parents
• Siblings
• Grandparents
• Any other financially dependent next of kin
• Personal representative

Steps for Filing a Wrongful Death Lawsuit 

Once you have verified that you meet Kansas’s criteria for eligible parties to file a wrongful death claim, these are the steps you would generally need to follow:

1. Establish wrongful death: Wrongful death can refer to any case in which a death results from criminal or negligent actions. Negligence-based actions might include car accidents, premises liability events, medical malpractice, and more. Intentional acts that cause death, including crimes, can also give rise to wrongful death. 
2. Identify damages: Several types of damages may be available in a wrongful death claim, such as medical bills, funeral costs, compensation for lost wages, and non-economic damages like mental anguish or loss of companionship. 
3. Gather evidence: Evidence can help you establish legal negligence or intentional misconduct. This can vary depending on the circumstances surrounding your loved one’s death but may include photos or videos of the accident or scene, witness testimonies, police reports, and more. 
4. Petition the court: An attorney can help you file a complaint or petition, which gives the defendant notice of the legal case and the grounds for action. 
5. Serve the defendant: You will need to officially serve all relevant documents to the defendant. In Kansas, anyone who is over 18 and not a party to the lawsuit is generally eligible to serve legal paperwork. 

From there, an attorney can guide you through the legal process, which may involve negotiating a settlement out of court or presenting your case at trial. 

Other Considerations for Filing a Wrongful Death Claim

These are a few other considerations to keep in mind for filing a wrongful death claim. 

• You must adhere to Kansas’s statute of limitations for claiming wrongful death, which is generally two years from the date of death. 
• You should understand that a wrongful death lawsuit is a civil case but that the defendant might also face criminal charges for homicide.
• The damages recovered in a wrongful death claim are generally divided between the decedent’s next of kin. 

Request Legal Assistance From Larry Wall Trial Law 

If you are considering a wrongful death lawsuit, Larry Wall Trial Law can provide guidance and clarity. Call 316-265-6000 to learn more about how to file a wrongful death claim.