Receive Caring Legal Guidance After Your Loss: Call Now (620) 662-3435
Losing a family member because of someone else’s careless actions is one of the most painful things a person can go through. On top of the grief, families often face medical bills, funeral costs, and lost income with no clear path forward.
When a death happens due to negligence, Kansas law gives surviving family members the right to seek compensation through a wrongful death claim. These cases hold the responsible party accountable and help protect your family’s financial future. Without legal action, the costs of a preventable death often fall entirely on the family left behind.
At Bretz Injury Law, attorney Matthew Bretz has spent more than 30 years standing up for Kansas families who have been seriously hurt or lost a loved one. His firm has recovered more than $300 million for injured clients and their families, including a $50 million wrongful death result. Every case is prepared as if it will go to trial, which gives families the strongest position possible when seeking fair compensation.
Contact Bretz Injury Law today or call at (620) 662-3435 for a free consultation. We are available around the clock and can come to your home or hospital.
Why Hire Matthew Bretz If You’ve Lost a Loved One
Matthew Bretz knows the pain of losing a loved one in a sudden, preventable tragedy. On Valentine’s Day in 1992, his 16-year-old sister Marlee and two of her friends were killed when their car was struck by a train while they were delivering flower baskets. That loss reshaped his life and gave him a personal understanding of the grief families carry after a wrongful death.
Since then, he has devoted his career to helping people who face that same kind of devastating loss. He serves on the National Board of Directors for Mothers Against Drunk Driving (MADD) and teaches trial lawyers across the country through the Keenan Trial Institute.
He holds the AV Preeminent rating from Martindale-Hubbell, has been named to the National Trial Lawyers Top 100, and is a Super Lawyers honoree.
He is the author of Protect Your Future: Win Your Injury Case With Honesty and Integrity, now in its fourth edition. The book is used by both injury victims and other attorneys as a practical guide to the claims process.
Unlike many firms, Bretz Injury Law is not a referral service. When you hire Matthew Bretz, his team handles your case from start to finish. He has been recognized by CNN and local news outlets for trial and settlement results, and his firm has won over 98% of the cases it has pursued since 1991.
Understanding Wrongful Death Claims by Kansas Law
Under Kansas Statutes Annotated section 60-1901, a wrongful death claim exists when a person dies because of the wrongful act or failure to act by another party, and the person who died would have had the right to file a personal injury claim if they had survived.
Are You Eligible To File a Wrongful Death Claim?
Kansas law allows heirs at law of the deceased person to file a wrongful death claim. Who qualifies as an heir depends on the family situation of the person who passed away.
In general, the following people may be eligible to file:
- A surviving spouse
- Surviving children, whether biological or legally adopted
- Parents, if there is no surviving spouse or children
One important detail many families do not realize is that parents are generally not considered heirs when their adult child is married or has children of their own. This is true even if the adult child was still young or living at home. Speaking with an experienced wrongful death attorney early helps you understand your rights under the specific facts of your situation.
What Situations Do Wrongful Death Claims Arise From?
Wrongful death claims can come from many different types of preventable incidents. Some of the most common include:
- Car, truck, and motorcycle accidents
- Pedestrian accidents
- Medical malpractice
- Nursing home negligence
- Dangerous or defective products
- Workplace accidents
- Drunk or impaired driving crashes
If a claim is successful, surviving family members may be awarded compensation for several types of losses. These can include lost income, loss of the personal relationship, emotional suffering, funeral expenses, and medical costs that occurred before the death. Kansas does place a $250,000 cap on non-economic damages in wrongful death cases, but there is no cap on economic damages such as lost wages and medical bills. In some cases, a separate survival action may also be filed to recover damages the deceased person suffered between the time of injury and death.
Urgent Deadlines About Wrongful Death Claims You Need To Know
Kansas law sets a two-year deadline, known as the statute of limitations, for filing a wrongful death claim. This deadline begins on the date of the person’s death. If you do not file within that window, you may lose your right to take legal action entirely, no matter how strong your case may be.
Two years may sound like a long time, but gathering evidence, obtaining medical records, consulting with experts, and preparing legal filings can take many months. Key witnesses may move away. Physical evidence at a crash site may be cleared. Medical records require formal requests that take weeks to process. The sooner you contact an attorney, the better your chances of meeting all legal deadlines and building a strong case.
Contact Matthew Bretz For Legal Support Today
No family should have to face the loss of a loved one without support. At Bretz Injury Law, Matthew Bretz and his team provide the kind of personal attention that makes a real difference during the most difficult time of your life. As one client shared, “You treat me like I’m your only client, and I so appreciate that.”
With offices in Wichita, Hutchinson, Salina, Garden City, Dodge City, Liberal, Hays, Topeka, and Kansas City, Bretz Injury Law serves families throughout the entire state of Kansas. You pay nothing unless your case is successful.
Contact Bretz Injury Law or call at (620) 662-3435 today for a free consultation with a Wichita wrongful death lawyer who understands your pain and is prepared to fight for your family’s future.