Overland Park Wrongful Death Lawyers

How Long Do I Have to File a Wrongful Death Claim?

Under Kansas and Missouri law, a wrongful death claim must be filed within a certain period of time, known as the statute of limitations. If the claim is not filed within the statute of limitations, it will be forever barred.

The statute of limitations for a wrongful death claim in Kansas is two years from the date of death. The statute of limitations for a wrongful death claim in Missouri is three years from the date of death. If the death was caused by medical malpractice, the statute of limitations is two years from the date of death or two years from the date that the cause of death was discovered, whichever is later.

There are exceptions to the statute of limitations. For example, if the person who caused the death is a minor or is mentally incompetent, the statute of limitations may be extended. If the person who caused the death left the state, the statute of limitations may be tolled, or delayed. If the person who caused the death is a government employee, the statute of limitations may be shorter. For these reasons, it is important to consult with an experienced wrongful death attorney as soon as possible.

What You Need to Know About Survival Actions

A survival action is a civil lawsuit that is brought by the personal representative of the estate of a person who has died as a result of the negligence or misconduct of another person or company. The purpose of a survival action is to compensate the estate for the losses that the deceased person suffered as a result of the accident.

Examples of damages that may be recovered in a survival action include:

• Medical expenses
• Lost wages and benefits
• Loss of future earnings
• Pain and suffering

Under Kansas and Missouri law, only the personal representative of the estate is allowed to bring a survival action. The personal representative is the person who is appointed by the court to administer the estate. The personal representative is usually a family member, but it can also be an attorney or another person.

What Is the Difference Between a Wrongful Death Claim and a Survival Action?

There are several differences between a wrongful death claim and a survival action. First, a wrongful death claim is brought by the family of the deceased, while a survival action is brought by the personal representative of the estate. Second, a wrongful death claim is intended to compensate the family for their losses, while a survival action is intended to compensate the estate for the losses that the deceased person suffered as a result of the accident.

Third, the damages that may be recovered in a wrongful death claim are different from the damages that may be recovered in a survival action. In a wrongful death claim, the family may be entitled to compensation for both economic and non-economic damages. In a survival action, the estate may be entitled to compensation for economic damages only.

Finally, the statute of limitations for a wrongful death claim is different from the statute of limitations for a survival action. In Kansas, a wrongful death claim must be filed within two years from the date of death. In Missouri, a wrongful death claim must be filed within three years from the date of death. In Kansas, a survival action must be filed within two years from the date of death. In Missouri, a survival action must be filed within five years from the date of death.

Speak with a qualified Overland Park wrongful death lawyers about your situation—call (913) 423-5218 now to take the next step.

Frequently Asked Questions

How Long Does a Typical Wrongful Death Case Take?

The length of a wrongful death case varies depending on factors such as the complexity of the facts, the number of parties involved, and whether the case settles or goes to trial. Some matters resolve within several months once liability is clear and insurance coverage is known, while others can take a year or more if additional investigation or court hearings are needed. Understanding this range at the outset can help families set expectations and plan around important milestones in the process.

Will I Have to Go to Court for a Wrongful Death Claim?

Many wrongful death claims are resolved through negotiated settlements without a trial, especially when the evidence clearly shows how the death occurred and who is responsible. However, some cases do move into litigation if disputes arise over fault or the amount of compensation. Families are often able to participate in key decisions while their legal team handles most of the court-related work, which can reduce stress while still protecting their rights.

What Information Should I Bring to an Initial Consultation?

For an initial meeting, it is helpful to bring any documents you already have, such as accident reports, medical records, correspondence from insurance companies, and information about your loved one’s employment. If you do not have these materials yet, you can still schedule a consultation and provide details about what happened and who was involved. Gathering this information early allows a legal team to start evaluating potential claims and identifying the next steps in a thoughtful, organized way.

Don’t navigate the claims process alone—call (913) 423-5218 now to discuss your options with an experienced wrongful death lawyer.