This form is an absolute release from liability with covenants, and final settlement of all claims in wrongful death action.
Kansas Absolute Release with Covenants regarding wrongful death
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Multi-State
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US-PI-0018
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FAQ
Kansas wrongful death laws cap the compensation a family can receive for non-economic losses. Non-economic losses are the pain and suffering caused by the loss of a family member. The cap on pain and suffering losses in a wrongful death case is $250,000.
(a) In any wrongful death action, the court or jury may award such damages as are found to be fair and just under all the facts and circumstances, but the damages, other than pecuniary loss sustained by an heir at law, cannot exceed in the aggregate the sum of $250,000 and costs.
Under Kansas law, only certain relatives can file a wrongful death lawsuit. These individuals include the surviving spouse only, children, parents, or the personal representative of the deceased's estate.
First, the decedent's estate is reimbursed for any costs that it incurred in bringing a wrongful death claim. The remaining proceeds are distributed to the heirs at law. The amount of the proceeds each heir receives is based on the loss sustained by that heir.
You do not have to prove wrongful death beyond a reasonable doubt. Instead, you must prove it is at least 51 percent likely the death was wrongful; this burden of proof is called the ?preponderance of the evidence.?
In Kansas, there is a two-year statute of limitations for wrongful death lawsuits. A ?statute of limitations? simply refers to the time limit someone has to bring a legal action against another person or entity.
In Kansas, any damages awarded in a wrongful death case (more on that below) are for the benefit of all eligible heirs, regardless of whether they joined the lawsuit. (Kan. Stat. § 60-1902 (2021).)
