Losing a family member due to someone else’s negligence is devastating. When that loss was preventable, the law provides a path for families to hold the responsible party accountable.
Common causes of wrongful death in Wichita include motor vehicle and truck accidents, workplace incidents at Aviation manufacturing facilities including Spirit AeroSystems and Textron Aviation, industrial and warehouse operations, construction sites, healthcare facilities, and the logistics and distribution centers along the I-135 and Kellogg corridors, medical malpractice, premises liability, and defective products.
At Monge & Associates Injury and Accident Attorneys, our Wichita wrongful death lawyers have recovered over $1 billion for injury victims since 1993. The call is free, and you pay nothing unless we win.
If you were injured in Wichita or anywhere in Sedgwick County, speak with our legal team at (316) 531-9975.
Kansas Wrongful Death Law
Statute of Limitations: Two years from the date of death (K.S.A. § 60-513(a)(5)). Courts enforce this deadline strictly.
Who Can File: Under K.S.A. §§ 60-1901 through 60-1906, any of the decedent’s heirs at law who suffered a loss because of the death may bring a wrongful death action. This typically includes the surviving spouse, children, and parents. If there is no surviving spouse or children, other heirs may file. The damages are distributed among all eligible heirs in proportion to each person’s loss, including those who did not join the suit.
Modified Comparative Negligence (50% Bar): Kansas follows modified comparative negligence with a 50% bar (K.S.A.
Compensation in Kansas Wrongful Death Cases
Economic damages include lost financial support, funeral and burial expenses, and the value of lost services. There is no cap on economic damages.
Non-economic damages include loss of companionship, comfort, care, and bereavement. Non-economic damages in wrongful death cases are capped at $250,000 per death under K.S.A. § 60-1903, regardless of the number of heirs.
A separate survival claim may also be filed by the estate to recover damages the deceased suffered before death, including medical expenses and pain and suffering.
Holding All Responsible Parties Accountable
Wrongful death cases often involve multiple liable parties. Our attorneys conduct thorough investigations to identify every party whose negligence contributed to the death, including employers, property owners, product manufacturers, and healthcare providers.
Compensation Available in Wichita Wrongful Death Cases
Economic Damages: Medical expenses, lost wages, reduced earning capacity, property damage. There is no cap on economic damages in Kansas.
Non-Economic Damages: Pain and suffering, emotional distress, loss of enjoyment of life, loss of consortium. The Kansas Supreme Court struck down the statutory cap on non-economic damages in 2019 (Hilburn v. Enerpipe Ltd.), so there is currently no cap in personal injury cases.
Punitive Damages: In cases involving egregious misconduct, Kansas courts may award punitive damages (capped at the lesser of the defendant’s highest annual gross income over the preceding five years or $5 million under K.S.A. § 60-3702, with exceptions for profitable misconduct).
What to Do After a wrongful death in Wichita
1. Seek Medical Attention. Even if injuries seem minor, get evaluated promptly. Ascension Via Christi St. Francis (a Level I trauma center), Wesley Medical Center (a Level II trauma center), and Ascension Via Christi St. Joseph can provide immediate care.
2. Call Law Enforcement. Request an official police report.
3. Document Everything. Take photos of the scene, vehicles or hazards, and any visible injuries. Collect witness information.
4. Avoid Speaking With Insurance Adjusters Alone. Do not give recorded statements without consulting an attorney. Insurance companies will use anything you say to increase your percentage of fault and reduce your recovery under Kansas’s modified comparative negligence rule.
5. Contact a Wichita Wrongful Death Lawyer. At Monge & Associates Injury and Accident Attorneys, we offer free consultations and work on a contingency fee basis. You pay nothing unless we recover compensation for you.
Wichita Wrongful Death FAQs
How long do I have to file a wrongful death lawsuit in Wichita? Kansas gives injury victims two years (K.S.A. § 60-513(a)(4)) to file a lawsuit.
Who can file a wrongful death claim in Kansas? Any of the decedent’s heirs at law who suffered a loss because of the death may file. This typically includes the surviving spouse, children, and parents.
Where will my Wichita case be heard? Most cases are heard in the Sedgwick County District Court, part of the Eighteenth Judicial District.
How much does a Wichita wrongful death lawyer cost? Monge & Associates Injury and Accident Attorneys works on a contingency fee basis. You pay nothing unless we win.
Office
Monge & Associates Injury and Accident Attorneys
3450 N Rock Rd #201
Wichita, KS 67226
Phone: (316) 531-9975
Contact a Wichita Wrongful Death Lawyer at Monge & Associates Injury and Accident Attorneys
If you were injured in Wichita, the team at Monge & Associates Injury and Accident Attorneys is ready to fight for your recovery.
Call us today at (316) 531-9975, or contact us online for a free consultation.
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