Losing a family member because of another person’s negligence can leave surviving relatives facing emotional devastation, financial uncertainty, and questions about their legal rights. When a fatal accident occurs in Missouri or Kansas, families often want to know whether they can pursue compensation and how much a wrongful death lawsuit might be worth. Although no financial recovery can replace a loved one, a wrongful death claim can help address lost income, funeral expenses, and the personal and financial contributions the deceased would have provided. The amount recoverable depends on the circumstances of the death, the losses suffered by surviving family members, and the laws of the state governing the claim. At HUBBARD & KURTZ, L.L.P., we help families understand the factors that affect wrongful death compensation and the legal options available after a preventable death.
Understanding Wrongful Death Compensation in Missouri and Kansas
Wrongful death lawsuits arise when a person dies because of another party’s wrongful act, negligence, or legally actionable omission. These cases may involve fatal motor vehicle accidents, commercial truck collisions, dangerous property conditions, defective products, workplace incidents, or other preventable events.
Missouri Revised Statutes § 537.080 establishes the right to bring a wrongful death action when the deceased would have been entitled to recover damages had the injury not resulted in death. Kansas law contains a comparable provision under K.S.A. § 60-1901. Both states recognize that surviving family members may suffer substantial losses when a loved one is killed through another party’s misconduct.
However, Missouri and Kansas have different rules concerning recoverable damages, eligible claimants, and certain limitations on compensation. A family should not assume that the value of a Missouri wrongful death lawsuit will be calculated the same way as a Kansas claim.
Lost Income and Financial Support Can Significantly Affect a Wrongful Death Settlement
One of the most important considerations in determining the value of a wrongful death lawsuit is the financial support the deceased would likely have provided throughout their remaining working life.
If a spouse, parent, or other family member was employed and contributed income to the household, their death may create substantial long-term financial losses. We examine employment history, wages, benefits, expected career advancement, retirement contributions, and the deceased person’s anticipated remaining years of employment.
For example, a 40-year-old parent earning $85,000 annually may have provided financial support to their family for another 20 years or longer. The economic consequences of losing that income can be substantial, although the calculation must account for relevant factors such as personal consumption, future earning expectations, and the support the family would actually have received.
In appropriate cases, financial records and economic analysis can help establish the present value of these losses. We also consider whether the deceased provided health insurance, retirement benefits, or other employment-related support that surviving relatives have now lost.
The Value of Household Services, Childcare, and Family Contributions
A wrongful death claim is not limited to the loss of a paycheck. Many people make substantial contributions to their families through unpaid work that would otherwise require someone else to perform or purchase those services.
A parent may have cared for young children, transported family members to appointments, prepared meals, maintained the home, or managed household finances. A spouse may have provided daily assistance to a family member with a disability or medical condition.
Missouri Revised Statutes § 537.090 expressly permits consideration of the reasonable value of services and other forms of support lost because of a wrongful death. Kansas law also permits recovery for proven pecuniary losses sustained by qualifying heirs.
We evaluate these contributions because they can represent a meaningful part of a family’s financial loss, even when the deceased was retired, unemployed, or primarily responsible for caring for the household.
Compensation for the Loss of Companionship, Guidance, and Support
The financial consequences of wrongful death are only part of the harm families experience. A surviving spouse may lose years of companionship, affection, and marital support. Children may lose the care, instruction, and guidance of a parent. Parents may lose the companionship and support of an adult child.
Under Missouri Revised Statutes § 537.090, courts may consider the loss of companionship, comfort, instruction, guidance, counsel, training, consortium, and support. These losses are distinct from ordinary economic damages because they concern the personal relationship between the deceased and surviving family members.
Missouri law does not permit a wrongful death award merely for the survivors’ grief or bereavement as such. Instead, the statute focuses on the compensable losses identified by law, including the value of the relationships and support taken from the family.
Kansas takes a somewhat different approach. Under K.S.A. § 60-1904, recoverable damages may include mental anguish, suffering, bereavement, loss of society, companionship, protection, marital care, parental guidance, and other recognized losses.
These distinctions are important when evaluating a claim involving the death of a spouse, parent, child, or another close family member.
Kansas Has a Statutory Limit on Certain Wrongful Death Damages
One major difference between Missouri and Kansas wrongful death law concerns nonpecuniary damages.
Under K.S.A. § 60-1903, Kansas generally limits the aggregate recovery for nonpecuniary losses in a wrongful death action to $250,000, while excluding qualifying pecuniary losses from that particular limitation. The statute also provides for itemized findings that distinguish nonpecuniary damages, certain care expenses, and other pecuniary damages.
This does not mean that every Kansas wrongful death lawsuit is limited to a total recovery of $250,000. Proven economic losses may be recoverable separately, and certain expenses are addressed under additional statutory provisions.
Missouri’s general wrongful death damages statute does not impose the same $250,000 limit. Nevertheless, the nature of the underlying claim may introduce additional legal issues or limitations, particularly in cases involving healthcare providers or other specialized liability rules.
Because damages laws differ, we evaluate the governing law before estimating what compensation may be available.
Medical Bills, Funeral Expenses, and Other Recoverable Costs
Fatal accidents can create substantial expenses before and after a loved one’s death. Emergency treatment, hospitalization, surgery, intensive care, and other medical services may generate significant bills.
Missouri Revised Statutes § 537.090 allows consideration of funeral expenses and damages the deceased suffered between the injury and death that could have supported a claim had the person survived.
Kansas law, including K.S.A. § 60-1904, recognizes reasonable funeral expenses. Under specified circumstances, certain expenses for the deceased person’s care resulting from the wrongful act may also be recovered by an heir who paid or became liable for those expenses when no probate administration has commenced.
The appropriate treatment of medical expenses, survival claims, liens, and payments from other sources can depend on the facts and the applicable state law. We review these issues so that families understand the potential categories of recovery and any obligations that could affect the amount they ultimately receive.
Factors That Can Increase or Reduce the Value of a Wrongful Death Claim
Even when two families lose loved ones in similar accidents, their wrongful death cases may have very different values.
The deceased person’s age, earnings, health, family relationships, and anticipated future contributions can influence the damages analysis. The number and circumstances of surviving relatives also matter, as does the evidence establishing the losses they sustained.
Liability is equally important. A case supported by clear evidence of negligence may be easier to resolve than one involving conflicting witness statements, disputed causation, or allegations that the deceased contributed to the incident.
Insurance coverage and the defendant’s available assets may also affect the practical amount recoverable. A family may establish substantial damages but face collection challenges if the responsible party has limited coverage or financial resources.
We examine both the full legal value of a claim and the practical issues that may affect recovery.
Filing Deadlines for Wrongful Death Lawsuits in Missouri and Kansas
Families must also consider the time available to pursue a lawsuit.
Missouri Revised Statutes § 537.100 generally requires wrongful death actions to be commenced within three years after the death. Kansas wrongful death claims generally fall under the two-year limitations period in K.S.A. § 60-513(a)(5). Exceptions and special circumstances can affect the applicable deadline, and some claims against government entities may involve additional requirements.
Waiting too long can result in the loss of the right to seek compensation, regardless of how substantial the family’s damages may be.
We encourage families to obtain legal advice promptly so that relevant deadlines can be identified and important evidence can be preserved.
Contact HUBBARD & KURTZ, L.L.P. About Your Missouri or Kansas Wrongful Death Claim
No two wrongful death cases are identical, and an appropriate valuation requires more than reviewing a settlement average or estimating lost wages. We consider the deceased person’s financial contributions, the family’s personal losses, the circumstances establishing liability, and the legal rules that apply in Missouri or Kansas.
If you are facing the tragedy of losing a loved one due to someone else’s negligence in Kansas or Missouri, contact HUBBARD & KURTZ, L.L.P. Our attorneys can review the circumstances of the death, explain the damages that may be available, and help your family evaluate its legal options.
Call (816) 472-4673 or toll-free at (877) 535-1163 to discuss a potential wrongful death claim.
