Wrongful death claims in Kansas

When someone you love dies because of another person's negligence or carelessness, no lawsuit can undo that loss. What Kansas law can do is give surviving family members a way to hold the responsible party accountable and recover some of what that death took from your family—financially and otherwise. I help Kansas families take that step when they're ready, and I try to move at a pace that respects what you're going through.

As a Kansas-licensed attorney practicing with Smith Law Firm in Topeka, I represent families pursuing wrongful death claims arising from motor vehicle collisions, medical malpractice, and other negligent or wrongful conduct. I serve clients throughout Kansas, including Topeka, Junction City, and Manhattan, and I handle these matters the way I would want my own family treated—honestly, patiently, and without added pressure during an already difficult time.

Kansas's wrongful death statute, K.S.A. 60-1901 et seq., allows a claim when a death is caused by another party's wrongful act or neglect, provided the person who died could have brought a claim had they survived. Under K.S.A. 60-1902, the case is generally brought by one heir at law on behalf of all the heirs who suffered a loss, which can include a surviving spouse, children, and in some circumstances parents or other heirs—even those who did not file the case themselves. Recoverable damages under K.S.A. 60-1904 can include loss of a loved one's companionship, society, and comfort — loss of marital or parental care, guidance, and support — mental anguish and bereavement — the financial support your family depended on — and reasonable funeral expenses. Kansas law, under K.S.A. 60-1903, also places a limit on certain non-economic damages, which is one more reason it helps to talk through your specific circumstances rather than rely on generalities.

A wrongful death claim is separate from—but often pursued alongside—a survival action under K.S.A. 60-1801, which lets the deceased's estate recover for what your loved one personally endured between the injury and their death, such as pain, suffering, and medical bills. Timing matters for both — Kansas law generally requires a wrongful death claim to be filed within two years of the death under K.S.A. 60-513, so I encourage families to reach out sooner rather than later, even while you are still sorting through what happened.

How I approach wrongful death matters

• Meet you with patience first—grief does not run on a schedule, and neither does our first conversation.
• Explain plainly who can bring a claim, what deadlines apply, and what to realistically expect under Kansas law.
• Carry the legal and insurance work so your family can focus on each other.

This page offers general information about Kansas wrongful death law, not legal advice, and it does not create an attorney-client relationship. No attorney can guarantee a result, and past results—whether mine or another attorney's at Smith Law Firm—do not guarantee a similar outcome in your case. If you have lost a loved one and have questions about a wrongful death or personal injury claim in Kansas, I welcome the chance to talk with you.