After losing a loved one due to someone else’s actions, most people don’t realize there may be two different legal paths: a wrongful death claim and a survival action. While both relate to the same tragic event, they serve different legal purposes under Kansas law.
Understanding these differences can help families pursue the full measure of compensation allowed. Kansas statutes separate these two types of claims to address the different kinds of harm caused by a wrongful death—not just to the deceased but also to the family left behind.
The attorneys at Harris & Hart Attorneys at Law frequently meet grieving families who seek justice and clarity. They strive to assist with compassion, sensitivity, and care.
What Is a Wrongful Death Claim?
In Kansas, a wrongful death claim allows family members to recover damages for their own losses resulting from the death of a loved one. This includes the emotional and financial toll that comes with losing a spouse, parent, child, or sibling.
The legal foundation for wrongful death in Kansas comes from K.S.A. § 60-1901, which gives surviving heirs the right to file a lawsuit when a person dies because of another party’s wrongful act or omission. This could include deaths caused by car accidents, medical negligence, workplace incidents, or dangerous products.
Families are not only seeking compensation. They want recognition of the life lost and accountability from the person or entity responsible.
What Is a Survival Action?
A survival action is different. It does not focus on the family’s loss, but instead addresses what the deceased person experienced before passing. This claim allows the deceased’s estate to recover for damages the person could have claimed had they lived.
Under K.S.A. § 60-1801, Kansas law provides that causes of action survive the death of the injured person. In short, this means that claims such as pain and suffering, lost wages before death, and medical expenses incurred before passing don’t disappear when someone dies. The estate can pursue them.
While wrongful death is about the impact on the family, a survival action is about what the person endured before death—emotionally, physically, and financially.
Why Both Claims Matter
These claims work together. A wrongful death case seeks compensation for the loved ones left behind, while a survival action seeks justice for what the deceased person went through. Both are rooted in the same tragic event, but Kansas law treats them as separate legal tools for holding the at-fault party accountable.
Harris & Hart Attorneys at Law has represented families in cases where a survival action was the only way to pursue pain and suffering that happened in the days or hours before death. In other situations, a wrongful death claim allowed a spouse to recover lost future income and the value of companionship.
Both types of cases may be filed at the same time, and the firm often does just that.
Key Differences Between Wrongful Death and Survival Actions
Here are the major distinctions between these two types of legal claims under Kansas law:
Who Brings the Claim
Wrongful death: Brought by surviving heirs or close family members
Survival action: Brought by the personal representative of the deceased’s estate
What Losses Are Compensated
Wrongful death: Loss of love, companionship, support, guidance, funeral expenses
Survival action: Pain and suffering before death, lost earnings before death, medical costs, property damage
Who Receives the Money
Wrongful death: Paid directly to family members based on their personal losses
Survival action: Paid to the estate and then distributed according to the will or state inheritance law
Time of Damages
Wrongful death: After death
Survival action: Before death
Emotional Impact Addressed
Wrongful death: Focuses on family’s emotional loss
Survival action: Focuses on what the deceased experienced
The attorneys at Harris & Hart Attorneys at Law walk every client through these differences when building a case. Knowing what kind of claim to bring—or whether both apply—can significantly affect the outcome.
How Kansas Law Handles Damages in Wrongful Death Cases
Kansas law places no cap on economic damages in wrongful death claims, such as lost income or medical bills. However, Kansas does cap non-economic damages like pain and suffering and loss of companionship.
As of 2022, the cap on non-economic damages in a wrongful death claim is $250,000. This cap does not apply to the survival action, which may allow for additional recovery based on the deceased’s direct suffering.
We believe these limits can fall short of what families truly lose. That’s why we often pursue both claims in tandem—to give families the best chance of full recovery under Kansas law.
Who Can File a Wrongful Death Claim?
In Kansas, any heir at law can file a wrongful death claim. This typically includes:
Spouse
Children
Parents
Siblings
Other legal heirs, if closer relatives are not available
Kansas courts generally favor immediate family, but they will consider the relationship and financial dependency of each heir. It’s possible for multiple family members to recover damages from the same wrongful death case.
Harris & Hart Attorneys at Law assists families in deciding who should bring the claim and how proceeds should be distributed. The firm also works with personal representatives to handle survival actions properly within the estate process.
How These Cases Commonly Arise
Both wrongful death and survival actions can stem from a variety of incidents. Over the years, we’ve pursued both types of claims in cases involving:
Fatal car accidents caused by drunk or distracted drivers
Medical malpractice that resulted in avoidable death
Workplace injuries that led to fatal trauma
Defective products that caused lethal harm
Unsafe property conditions, including falls and electrocutions
Each of these cases has two sides: what the person went through before they died, and how the loss has impacted the people left behind. In Kansas, families don’t have to choose one over the other—they can pursue both.
Deadlines for Filing
Kansas imposes different deadlines for filing these claims. For most wrongful death cases, the statute of limitations is two years from the date of death. The same applies to survival actions, although certain exceptions may apply depending on when the harm occurred.
We always urge families to reach out as soon as possible. Two years may sound like a long time, but investigating the facts, identifying responsible parties, and building a legal case all take time. Waiting too long may reduce the strength of the case—or make it impossible to pursue at all.
Why These Claims Deserve Attention
Losing someone suddenly due to someone else’s choices is more than a legal matter—it’s a life-changing event. We understand that no amount of money replaces a lost spouse, parent, or child. But Kansas law gives families an opportunity to seek answers, recover financial losses, and bring some measure of justice.
Wrongful death claims help ease the burden of funeral costs, future income loss, and emotional harm. Survival actions help recognize the suffering the deceased experienced before they passed.
Together, these claims send a message that careless or reckless conduct has consequences.
The Approach at Harris & Hart Attorneys at Law
The attorneys at Harris & Hart Attorneys at Law believe every wrongful death deserves thorough investigation and strong advocacy. When a client walks through the doors after a tragic loss, they don’t just look at medical bills or accident reports—they look at the full picture. They listen to your story, learn about your loved one, and identify how their death has altered your life.
From there, they determine whether a wrongful death claim, a survival action, or both are appropriate under Kansas law. They file the necessary paperwork, gather evidence, work with financial and medical professionals, and seek full and fair compensation through settlement or trial.
Their focus: helping families find stability after an avoidable loss.
Harris & Hart Attorneys at Law guides families through this difficult process with care, legal precision, and a firm commitment to making things right. Located in Overland Park, Kansas, the firm serves clients in Missouri and Kansas.
