If you have lost a loved one due to someone else’s negligence in Kansas, understanding your legal rights is a critical first step toward justice. This guide covers Kansas’s wrongful death laws, profiles three law firms that handle these cases, and answers the most important questions families face.
Introduction
Losing a family member due to another party’s negligence is devastating. A major legal shift occurred in Kansas in 2019 that dramatically changed the landscape for wrongful death plaintiffs, and understanding this change is essential before taking legal action.
Kansas Wrongful Death Laws
The Kansas Wrongful Death Statute
Kansas’s wrongful death law is governed by Kansas Statutes § 60-1901. The statute allows multiple family members – including siblings – to file directly, which is broader than many other states.
Who Can File
Kansas allows the spouse, children, parents, and siblings of the deceased to file directly.
Statute of Limitations
Kansas imposes a 2-year statute of limitations, measured from the date of death.
Recoverable Damages
Kansas allows recovery for pecuniary loss, mental anguish, and loss of companionship. The non-economic damages cap was struck down as unconstitutional by the Kansas Supreme Court in Hilburn v. Enerpipe (2019), which held that the cap violated the right to a jury trial under the Kansas Constitution. The doctrinal effects of this ruling continue to evolve in Kansas courts.
Survival Action
Kansas maintains a separate survival action alongside the wrongful death claim.
Top 3 Wrongful Death Attorneys in Kansas
1. Patterson Legal Group, L.C.
Location: Wichita, Topeka, KS (Serving statewide)
Phone: (888) 687-2400
Website: https://pattersonlegalgroup.com
A dominant personal injury force in Kansas. Following the removal of non-economic caps after Hilburn, they have been highly aggressive in pursuing massive settlements for mental anguish and loss of companionship. They have the investigative resources to immediately secure evidence in fatal auto, trucking, and catastrophic workplace accidents.
2. DeVaughn James Injury Lawyers
Location: Wichita, Topeka, Kansas City, KS
Phone: (316) 888-8888
Website: https://devaughnjames.com
Known for a relentless litigation style and deep pockets for hiring top-tier expert witnesses. Because Kansas allows multiple family members including siblings to be plaintiffs – which is rare nationwide – DeVaughn James is excellent at coordinating complex family dynamics to present a unified, high-value claim for the total destruction of the family unit’s financial and emotional support.
3. Bretz Injury Law
Location: Hutchinson, KS (Serving statewide)
Phone: (620) 662-3435
Website: https://bretzinjurylaw.com
Matt Bretz has secured hundreds of millions in settlements and verdicts. This firm is particularly renowned for handling complex fatal commercial trucking crashes and defective product cases. They expertly navigate the separate survival actions in Kansas to ensure the estate recovers fully for the deceased’s pre-death pain and suffering.
Frequently Asked Questions
What did the Hilburn v. Enerpipe decision change in Kansas?
In 2019, the Kansas Supreme Court ruled in Hilburn v. Enerpipe that Kansas’s statutory cap on non-economic damages in personal injury and wrongful death cases violated the Kansas Constitution’s guarantee of the right to a jury trial. Before this ruling, non-economic damages such as mental anguish and loss of companionship were capped at a fixed amount. After Hilburn, those caps are no longer enforceable in the same manner, though the precise doctrinal implications continue to be litigated in Kansas courts. An experienced Kansas wrongful death attorney can explain how this ruling applies to your specific case.
Who can file a wrongful death lawsuit in Kansas?
Kansas allows the spouse, children, parents, and siblings of the deceased to file directly. The inclusion of siblings as eligible plaintiffs is relatively unusual – most states limit direct filing rights to the spouse, children, and parents. This broader eligibility means more family members may have standing to participate in the wrongful death claim.
What should I do immediately after losing a loved one due to negligence?
Contact a wrongful death attorney immediately. The 2-year deadline runs from the date of death. Preserve all evidence and do not speak with insurance companies before consulting an attorney.
Closing
Kansas’s wrongful death landscape shifted significantly with the Hilburn decision, and families now have stronger legal tools to pursue full compensation. The firms listed above have the resources and expertise to maximize recovery in the post-Hilburn environment. If you have lost a loved one due to another party’s negligence, contact one of these attorneys today.
For immediate grief support, contact the National Alliance for Grieving Children at (866) 432-1542.