Losing a family member due to someone else’s negligence or wrongful actions creates overwhelming grief and confusion for families. When a death occurs because of another party’s careless or intentional conduct, surviving relatives may wonder about their legal rights and who has the authority to seek justice through the court system.
Understanding wrongful death laws in Kansas and Missouri can help grieving families determine their options during this difficult time. At Hollis Law Firm, we help families manage these complex legal matters, allowing them to focus on healing and remembering their loved one.
Who Can File Wrongful Death Claims Under Kansas Law?
Kansas law establishes a specific hierarchy for who may pursue a wrongful death claim. The statute prioritizes certain family members and representatives to ensure proper legal representation for the deceased person’s interests.
Under Kansas Statutes Section 60-1903, specific individuals are authorized to file these claims, including:
- The surviving spouse of the deceased
- Children of the deceased (including adopted children)
- Parents of the deceased if no spouse or children survive
- The administrator or executor of the deceased person’s estate
Kansas law requires that only one wrongful death action may be filed for each death. That prevents multiple lawsuits from different family members regarding the same incident.
What Are Missouri’s Requirements for Filing Wrongful Death Claims?
Missouri’s wrongful death statute, found in Missouri Revised Statutes Section 537.080, outlines different rules for who may file these claims. The state’s approach differs from Kansas’s in several important ways that expand eligibility.
The following parties may pursue wrongful death claims under Missouri law:
- Surviving spouse
- Children (including adopted children and stepchildren)
- Parents (if no spouse or children survive)
- Siblings (if no spouse, children, or parents survive)
- Any person related by blood or marriage who was financially dependent on the deceased
Missouri also allows for broader family participation compared to Kansas. The state permits multiple family members to work together in pursuing justice for their relative’s wrongful death.
How Do Time Limits Affect Filing Wrongful Death Claims in Kansas and Missouri?
Both Kansas and Missouri impose strict deadlines for filing wrongful death claims. These statutes of limitations protect defendants from indefinite legal exposure while encouraging prompt legal action.
Kansas provides three years from the date of death to file a wrongful death claim. Missouri allows three years from the date of death in most cases, though certain circumstances may extend or shorten this timeframe. Missing these deadlines typically results in permanent loss of the right to seek compensation.
Families should consult with a personal injury lawyer as soon as possible to protect their legal rights. Early consultation allows attorneys to gather evidence while it remains fresh and available.
What Types of Damages May Be Available in Wrongful Death Claims?
Wrongful death claims can provide compensation for various losses that families experience. Both Kansas and Missouri recognize that death creates financial and emotional hardships for surviving family members that deserve legal remedy.
Courts may award different types of compensation depending on the specific circumstances of each case. The relationship between the deceased and surviving family members significantly influences available damages, which may include:
- Lost wages and benefits the deceased would have provided
- Medical expenses related to the final injury or illness
- Funeral and burial costs
- Loss of companionship and emotional support
- Pain and suffering endured by family members
Economic damages address measurable financial losses, while non-economic damages compensate for emotional and relational harm. According to the National Center for Health Statistics, unintentional injuries remain a leading cause of death in the United States, making wrongful death claims a crucial legal remedy for affected families.
Calculating Compensation for Wrongful Death Claims
Courts consider multiple factors when determining appropriate compensation amounts. The deceased person’s age, health, earning capacity, and life expectancy all influence potential awards. The relationship between the deceased and surviving family members also affects compensation calculations.
Consult Hollis Law Firm About Filing Your Wrongful Death Claim
Wrongful death claims in Kansas and Missouri involve detailed legal requirements and strict deadlines that vary between states. Understanding who may file these claims, what damages are available, and how time limits affect your case requires guidance from someone familiar with both jurisdictions’ laws. The process of pursuing justice for your family member deserves careful attention to legal details while you focus on grieving and healing.
Our team at Hollis Law Firm has helped families recover over $100 million in settlements and judgments, and we understand the sensitive nature of these cases. We fight for our clients’ rights while treating each family with the compassion and respect they deserve during this difficult time. Contact our office at (800) 701-3672 or visit our contact page to schedule a consultation about your wrongful death claim.
