“Statute of limitations” is a legal term that determines how long someone has to file a case in a court of law. Once that final date has passed, it’s too late to seek legal remedies. It seems as if understanding the deadline for pursuing a wrongful death case should be straightforward, and on the surface, it is. In Kansas, a wrongful death claim must be filed no later than two years from the date of the person’s death. However, some nuances to that two-year limit need to be understood.

What Is Wrongful Death?

First, it’s necessary to understand what “wrongful death” means. Kansas law says it’s” the death of a person is caused by the wrongful act or omission of another.” That’s a broad category that can include everything from murder to car accidents to medical incidents to negligence, such as not clearing or salting ice on a sidewalk in winter.

This is a different type of case than a criminal homicide. In the latter, the case can result in someone being incarcerated and/or required to pay additional penalties or fees. In a wrongful death case, a financial payment known as “damages” is the only result if the case is successful.

Wrongful death has a lower bar for proof as well. Criminal homicide must be proven beyond a reasonable doubt. At the same time, wrongful death needs to be confirmed only through a preponderance of the evidence, which means that the accused is more than likely guilty. The exact death can result in both kinds of cases.

The Two-Year Statute of Limitations on Wrongful Death in Kansa

The two-year limit is based on the rights of the person who died. That means the clock starts ticking at the time of the action, which ultimately leads to death. So if someone is injured in a car accident, but death doesn’t occur until more than two years past the date of the accident, the statute of limitations for wrongful death has passed, and the case can’t be filed. The statute of limitations for criminal cases is generally longer, depending on the cause of death.

Let Us Advise You

If you or someone you know is interested in pursuing a wrongful death case, call us at 816-866-7711 as soon as possible to avoid running past the statute of limitations.