In Kansas, the right to file a wrongful death lawsuit is limited to specific individuals who are designated as “heirs at law” or appointed representatives of the deceased person’s estate. The following parties are generally eligible to file a wrongful death lawsuit in Kansas:
- Spouse: The surviving spouse of the deceased has the primary right to file a wrongful death lawsuit.
- Children: If there is no surviving spouse or if the surviving spouse does not file a lawsuit within a specified time frame, the deceased person’s children can bring a wrongful death claim.
- Parents: In the absence of a surviving spouse or children, the deceased person’s parents may file a wrongful death lawsuit.
- Administrator or Executor: If none of the above parties are available or willing to file a wrongful death claim, the court may appoint an administrator or executor of the deceased person’s estate. This individual can then pursue the lawsuit on behalf of the estate and distribute any damages awarded to the appropriate heirs.
It’s important to note that under Kansas law, wrongful death claims must generally be filed within two years from the date of the deceased person’s death. Failing to file within this time limit may result in the claim being barred.
If you believe you have a wrongful death claim in Kansas, it is crucial to consult with an experienced wrongful death attorney who can guide you through the legal process, determine your eligibility to file a lawsuit, and help protect your rights as a surviving family member or appointed representative of the estate.