No matter how it happens, the death of a loved one is always a tragedy. But when that death could have been prevented, the grief can feel unbearable. On top of the emotional pain, families often face mounting medical bills, funeral costs, and the loss of income they depended on. Kansas law recognizes these devastating losses under what is called a “wrongful death” claim. At Bretz Injury Law, our Wichita wrongful death lawyers have spent over 30 years helping families seek justice and fair compensation after losing someone to another person’s negligence.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit filed when a person dies because of the wrongful or negligent act of another person or company. In Kansas, the law defines a wrongful death as a fatality caused by “the wrongful act or omission of another.” This means that if someone’s careless or reckless behavior led to your loved one’s death, the law may allow you to recover financial compensation.
A wrongful death claim is separate from any criminal case. Even if no criminal charges are filed, or if the responsible party is found not guilty in criminal court, the family may still pursue a civil lawsuit. The standard of proof in civil court is lower than in criminal court, which means accountability is still possible.
Survival Actions in Wrongful Death Cases
Kansas law also allows what is called a “survival action.” This is a claim brought by the deceased person’s estate. It seeks to recover damages for the pain and suffering the person experienced before death, along with any medical expenses from the incident that caused their death.
How Is a Survival Action Different from a Wrongful Death Claim?
The key difference is who recovers and what types of losses are covered. In a survival action, the estate recovers damages such as medical bills, funeral costs, and pain and suffering from the time of injury until death. The estate may also recover lost wages the person would have earned.
In a wrongful death claim, specific surviving family members recover damages for their own personal losses. These include the loss of love, companionship, guidance, and financial support. Both types of claims may apply in the same case, so it is important to speak with an experienced wrongful death attorney about your situation.
Who Can File a Wrongful Death Claim in Wichita?
Wrongful death cases are different from other personal injury lawsuits because the injured person is no longer alive to file the claim. Instead, certain family members or the estate may bring the lawsuit. Kansas law limits who has the right to file.
The following parties may be eligible to file a wrongful death claim in Wichita and throughout Kansas:
- The surviving spouse
- The surviving domestic partner
- The surviving children of the deceased
In some cases, other individuals who can show they were financially dependent on the deceased may also have standing to file. This may include stepchildren, parents, or a putative spouse. A putative spouse is someone who lived with the deceased and believed in good faith that they were legally married, even if the marriage was not valid due to a technicality.
Common Causes of Wrongful Death
Wrongful death can result from many types of accidents and incidents. The most common causes include the following:
- Motor vehicle accidents, including crashes involving cars, trucks, motorcycles, pedestrians, and bicyclists
- Medical malpractice, such as surgical errors, misdiagnosis, medication mistakes, birth injuries, and nursing home neglect
- Workplace accidents caused by unsafe conditions, chemical exposure, falls, or equipment failures
- Defective products, where a flaw in design, manufacturing, or labeling leads to a fatal injury
- Criminal acts, where a death occurs during the commission of a crime such as assault or a firearms incident
Each type of wrongful death case involves different evidence, different liable parties, and different legal strategies. An experienced attorney can evaluate your situation and determine the strongest path forward.
What Compensation Can Be Recovered?
Kansas law allows families to recover several types of damages in a wrongful death case. The specific damages depend on the facts of your case and whether the claim is brought as a wrongful death action, a survival action, or both.
Damages for the Estate (Survival Action)
The deceased person’s estate may recover damages that include:
- Medical bills related to the final injury or illness
- Ambulance and emergency care costs
- Funeral and burial expenses
- Lost income from the time of injury until death, as well as future income the person would have earned
Many families are surprised by how quickly these costs add up. Funeral expenses alone can range from several thousand to over ten thousand dollars. Medical bills from emergency care and hospitalization can be even higher.
Damages for Family Members (Wrongful Death Claim)
Surviving family members may recover compensation for their personal losses, including:
- Loss of financial support the deceased would have provided
- Loss of love, companionship, comfort, and guidance
- Loss of parental training and guidance for minor children
- Pain and suffering experienced by the surviving family members
In certain cases, Kansas law may also allow punitive damages. These are intended to punish especially reckless or egregious conduct rather than to compensate the family directly.
After a Wrongful Death, Put Our Team On Your Side.
Since 1997, we’ve fought for Kansas families after serious accidents and injuries. Let our team protect your rights and pursue the compensation you deserve.
Key Factors That Affect the Value of a Wrongful Death Case
Every wrongful death case is different. The value of a claim depends on several factors that your attorney will carefully evaluate. These include the age and health of the deceased, their earning capacity, the number of dependents who relied on them, and the severity of the negligence involved.
Cases involving young wage earners with children often carry higher financial losses because of the decades of lost income and support. Cases involving especially reckless conduct, such as drunk driving or a pattern of safety violations, may also support larger awards. Your attorney will work with financial experts, vocational specialists, and medical professionals to build an accurate picture of your family’s total losses.
How Wrongful Death Awards Are Distributed
When multiple family members have a right to file a wrongful death claim, Kansas juries typically award damages as a single lump sum. The family is then responsible for dividing the award among themselves.
If family members cannot agree on how to divide the award, they may ask the court to make that decision. In complex situations where family relationships are strained or there are many claimants, the judge may allow the jury to make separate award decisions for each person. This helps avoid disputes and provides a neutral resolution.
Kansas Statute of Limitations for Wrongful Death
In Kansas, you have two years from the date of death to file a wrongful death lawsuit. If you miss this deadline, you may permanently lose your right to seek compensation. In some cases, the deadline may be calculated from the date of the negligent act that caused the death rather than the date of death itself.
Because of this strict time limit, it is important to speak with a wrongful death attorney as soon as possible. Early action also allows your legal team to preserve evidence, interview witnesses, and begin building a strong case while the details are still fresh.
Steps for Filing a Wrongful Death Lawsuit in Wichita
The process of filing a wrongful death lawsuit involves several important steps. First, you and your attorney will determine that you have legal standing to file and that your claim is within the statute of limitations.
Next, your attorney will prepare and file a complaint or petition with the court. This document explains the facts of your case and the legal basis for your claim. A summons is also filed to notify the defendant that they are being sued.
After filing, your attorney must complete a procedure called “service of process.” This ensures the defendant is properly notified of the lawsuit. Kansas courts have strict rules about how service must be carried out. If these rules are not followed correctly, the court may dismiss your case.
From there, both sides engage in discovery, where evidence is exchanged and depositions are taken. Your attorney may bring in expert witnesses, accident reconstructionists or medical professionals to strengthen your case. Many wrongful death cases are resolved through settlement negotiation, but if the other side refuses to offer fair compensation, your case will proceed to trial.
Why Matthew Bretz Represents Wrongful Death Families
For Matthew Bretz, wrongful death cases are deeply personal. On Valentine’s Day in 1992, his 16-year-old sister Marlee and two of her friends were killed in a train collision. That loss changed the course of his life and his legal career. It is the reason he dedicates his practice to holding negligent parties accountable and helping families find a path forward after sudden, preventable loss.
Matthew Bretz serves on the National Board of Directors for Mothers Against Drunk Driving (MADD) and trains trial lawyers across the country through the Keenan Trial Institute. With over 30 years of trial experience and admissions in multiple state and federal courts, he brings both the skill and the personal understanding that wrongful death cases demand.
He prepares every case as if it will go to trial. This approach gives families real leverage in settlement negotiations, because insurance companies and defendants know that Bretz Injury Law will not back down from the courtroom.
Can Undocumented Individuals File a Wrongful Death Claim?
Yes. In Wichita and throughout Kansas, the law allows all individuals to file a wrongful death lawsuit in civil court regardless of immigration status. Bretz Injury Law has multilingual staff members who can assist families in the language they are most comfortable with. No one should be afraid to seek justice for the loss of a loved one.
How a Wichita Wrongful Death Lawyer Can Help
Losing a family member is one of the most difficult experiences anyone can face. Navigating the legal system on top of grief can feel overwhelming. An experienced Wichita wrongful death attorney can handle every aspect of your case so that you can focus on your family.
Your attorney will investigate the circumstances of the death, gather and preserve evidence, communicate with insurance companies, and negotiate on your behalf. If the responsible party or their insurer refuses to offer fair compensation, your attorney will take the case to court.
While no amount of money can replace someone you love, a wrongful death claim can ease the financial burden caused by their death. It can also hold the responsible party accountable and help prevent similar tragedies from happening to other families.
What to Expect When You Contact Bretz Injury Law
When you call Bretz Injury Law, you will speak with someone who understands what you are going through. During your free consultation, your attorney will listen to the circumstances of your loved one’s death, review any documents or evidence you have, and explain your legal options in plain language.
There is no pressure and no obligation. If you decide to move forward, your attorney will handle every step of the legal process. You will be kept informed throughout your case, and your questions will be answered promptly. Matthew Bretz learned early in his career that the most important thing a lawyer can offer a grieving family is direct, personal attention. That principle guides every case the firm takes on.
What Should I Bring to My Consultation?
If you have any of the following, bring them to your meeting: the death certificate, police or incident reports, medical records, insurance information, photographs, and any correspondence you have received from insurance companies or the responsible party. If you do not have all of these documents, that is okay. Your attorney can help you obtain what is needed.
Helpful Resources for Families
Dealing with the loss of a loved one involves more than legal questions. The following organizations offer support and information that may help your family during this time:
- The Consumer Products Safety Commission is a government portal that provides information on consumer product recalls, and general information on consumer product safety. It also provides information on ensuring a safe environment, for example guidelines for pool safety, carbon monoxide, and other common causes of accidental death around the household.
- The National Institute for Occupational Safety and Health, operated by the CDC, provides information on workplace safety.
- The National Patient Safety Board is a non-profit that provides helpful information for medical patients.
- The Dougy Center hosts grief support groups and programs, including those specifically designed for the needs of children, teens, and young adults.
Contact Bretz Injury Law for a Free Consultation
If you have lost a loved one because of someone else’s negligence, the wrongful death lawyers at Bretz Injury Law are ready to listen and help you understand your options. For over 30 years, our firm has represented families across Wichita and Kansas in serious wrongful death cases. We work on a contingency fee basis, which means you pay no legal fees unless we recover compensation for you.
Call 316-531-9657 today to schedule your free consultation. You do not have to face this alone.