A wrongful death claim can hold the responsible party accountable and provide for the financial needs your family is now facing without your loved one. Any death caused by another party’s negligence or intentional act qualifies, a fatal car, motorcycle, or trucking accident, a fatal fall, medical malpractice, or a workplace fatality, including cases as preventable as a Missouri teen’s fatal texting-and-driving crash. If your loved one would have had a valid personal injury claim had they survived, their family generally has a wrongful death claim now.
In Kansas, the deceased’s heirs at law, typically a spouse, children, or parents if there’s no spouse or children, can bring the claim, usually filed by one heir on behalf of everyone with a right to recover. In Missouri, the right belongs first to a surviving spouse, children, or grandchildren, then to parents or siblings if none exist. Compensation can cover funeral and burial expenses, the financial support and services your loved one would have provided, loss of care and companionship, and in some cases the pain and suffering your loved one experienced before death. Kansas caps certain non-economic damages in wrongful death cases, a limit that adjusts periodically, so current figures should be confirmed for your situation.
When you’re ready, gather what documentation exists, police or incident reports, medical records, your loved one’s income information, and reach out. We handle the investigation and insurance communication so your family doesn’t have to relive the details repeatedly.
Peter A. Jouras Jr. has represented grieving families throughout Kansas and Missouri for more than 30 years. Reach our office at (913) 677-1999 or through our contact form; there’s no charge for a first conversation.
Frequently Asked Questions
How long does my family have to file a wrongful death claim?
Two years from the date of death in Kansas (K.S.A. 60-1901 et seq.), three years in Missouri (RSMo § 537.100).
Who is allowed to file a wrongful death claim?
In Kansas, the deceased’s heirs at law; in Missouri, a surviving spouse, children, or grandchildren first, then parents or siblings.
What can a wrongful death claim recover?
Funeral and burial costs, lost financial support, loss of companionship, and in some cases the deceased’s pain and suffering before death.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim compensates surviving family members for their losses, while a survival action compensates the deceased’s estate for damages suffered by the victim prior to death.
How are wrongful death settlement proceeds distributed among family members?
Proceeds are distributed according to state statutory guidelines, agreement among eligible beneficiaries, or by court approval based on each family member’s loss.
For your free consultation, call (913) 677-1999
