Who Can File a Wrongful Death Lawsuit in Kansas?

September 17, 2025

Who Can File a Wrongful Death Lawsuit in Kansas?

Losing a loved one due to someone else’s negligence is devastating, and many families wonder what legal options they have. In Kansas, wrongful death laws allow certain family members to pursue compensation for their loss. At the Law Offices of Randall J. Price, we help Wichita families understand their rights and guide them through the process.


Kansas Wrongful Death Law: Who Can File?


Under Kansas Statutes § 60-1902, a wrongful death lawsuit may be filed by any of the deceased person’s “heirs at law.” This includes:


  • Spouses – A surviving husband or wife may bring a claim.
  • Children – Both adult and minor children can file.
  • Parents – If the deceased had no spouse or children, parents may pursue the lawsuit.
  • Other heirs – In some cases, other heirs named under Kansas intestate laws may qualify.


Unlike some states where only one representative can file, Kansas law allows any heir at law to initiate a wrongful death claim. However, the lawsuit is typically brought on behalf of all heirs, with damages distributed fairly among them.


Damages in a Kansas Wrongful Death Case


A wrongful death lawsuit can seek compensation for both economic and non-economic losses, including:


  • Funeral and burial expenses
  • Medical bills related to the final injury or illness
  • Loss of financial support and services
  • Loss of companionship, guidance, and care
  • Mental anguish suffered by surviving family members


Kansas law places limits on certain types of damages, such as non-economic damages, but there is no cap on economic damages like lost wages.


Filing Deadline in Kansas


Wrongful death lawsuits in Kansas must generally be filed within two years of the date of death. Missing this deadline may bar the family from recovering damages, making it essential to act quickly.


Moving Forward After a Loss


Pursuing a wrongful death claim is not only about seeking financial compensation—it is also about holding negligent parties accountable and helping families find closure.


At the Law Offices of Randall J. Price, we are committed to helping Wichita families navigate the complexities of Kansas wrongful death law with compassion and determination.

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