60-1904.
Elements of damage.
(a) Damages may be recovered for, but are not limited to:
(1) Mental anguish, suffering or bereavement;
(2) loss of society, companionship, comfort or protection;
(3) loss of marital care, attention, advice or counsel;
(4) loss of filial care or attention;
(5) loss of parental care, training, guidance or education; and
(6) reasonable funeral expenses for the deceased.
(b) If no probate administration for the estate of the deceased has been commenced, expenses for the care of the deceased which resulted from the wrongful act may also be recovered by any one of the heirs who paid or became liable for them. Those expenses and any amount recovered for funeral expenses shall not be included in the limitation of K.S.A. 60-1903 and amendments thereto.
History:
L. 1963, ch. 303, 60-1904; L. 1984, ch. 214, § 2; July 1.
Notes of Decisions
Cited in
38
cases (
10 in the last 5 years), 1969–2025 · leading case:
Sanchez v. Schindler, 651 S.W.2d 249 (Tex. 1983).
Sanchez v. Schindler, 651 S.W.2d 249 (Tex. 1983).
· cites it 6× “1982); Kan.Stat.Ann. § 60-1904 (1976); Ky.Rev.Stat.”
McCart v. Muir, 641 P.2d 384 (Kan. 1982).
· cites it 3× “” K.S.A. 60-1904. On reading the statute certain questions come to mind.”
Johnson v. McArthur, 596 P.2d 148 (Kan. 1979).
· cites it 4× “" K.S.A. 60-1904. Elements of damage. "Damages may be recovered for, but are not limited to: mental anguish, suffering, or bereavement; loss of society, companionship, comfort, or protection; loss of marital care, attention, advice or counsel; loss of filial care or attention;…”
Siruta Ex Rel. Heirs at Law of Siruta v. Siruta, 348 P.3d 549 (Kan. 2015).
· cites it 2× “60-1902 also provides that a wrongful deatíi action “shall be for tire exclusive benefit of all of the heirs who [have] sustained a loss regardless of whether they all join or intervene” in the suit.”
Cochrane v. Schneider Nat'l Carriers, Inc., 980 F. Supp. 374 (D. Kan. 1997).
· cites it 10× “Defendant argues that the legislature intended to exclude recovery for filial counsel or guidance by making such losses compensable in paragraphs (3) and (5) in the event of a deceased spouse or parent, but omitting such items in paragraph (4) relating to deceased children.”
Smith v. Printup, 866 P.2d 985 (Kan. 1993).
· cites it 2× “Moreover, K.S.A. 1992 Supp. 60-1904(a) provides: "Damages may be recovered for, but are not limited to : (1) Mental anguish, suffering or bereavement; (2) loss of society, companionship, comfort or protection; (3) loss of marital care, attention, advice or counsel; (4) loss of…”
Leiker Ex Rel. Leiker v. Gafford, 778 P.2d 823 (Kan. 1989).
· cites it 2× “There was testimony by plaintiffs' expert witness that a conservative estimate of the present value of Shawn's anticipated lifetime earning capacity alone exceeded $1,000,000. The expert also testified that the present value of the household and family care services she would…”
Ingram v. Howard-Needles-Tammen & Bergendoff, 672 P.2d 1083 (Kan. 1983).
· cites it 2× “Recovery for such damages by the heirs, under the guise of recovering on behalf of the decedent, results solely in a windfall to the heirs, as they are entitled to maintain an action in their own right for, among other things, "mental anguish, suffering, or bereavement; loss of…”
Martin v. Naik, 300 P.3d 625 (Kan. 2013).
“60-1903; K.S.A. 60-1904. Under these statutes, it is the decedent’s death that gives rise to the cause of action and it is the heir’s injury that must be ascertainable.”
— K.S.A. § 60-1904(a) — 4 cases
Cochrane v. Schneider Nat'l Carriers, Inc., 980 F. Supp. 374 (D. Kan. 1997).
“Defendant argues that the legislature intended to exclude recovery for filial counsel or guidance by making such losses compensable in paragraphs (3) and (5) in the event of a deceased spouse or parent, but omitting such items in paragraph (4) relating to deceased children.”
Smith v. Printup, 866 P.2d 985 (Kan. 1993).
“Moreover, K.S.A. 1992 Supp. 60-1904(a) provides: "Damages may be recovered for, but are not limited to : (1) Mental anguish, suffering or bereavement; (2) loss of society, companionship, comfort or protection; (3) loss of marital care, attention, advice or counsel; (4) loss of…”
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