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Suing For Wrongful Death Following Medical Malpractice

Wrongful death occurs when a person is killed due to another party’s negligence or violent act, and it’s estimated that 98,000 Americans are killed wrongfully each year due to medical errors alone. If you’ve lost a loved one due to a preventable medical error, you may have legal grounds for a wrongful death lawsuit. But who can file a wrongful death claim following medical malpractice in Colorado? What damages can you recover? And how should you find the right wrongful death attorney in Colorado?

If you’re looking for answers to these questions about suing for wrongful death following medical malpractice, our expert Colorado medical malpractice attorneys are here to help. Read on to learn more.

Medical Malpractice vs. Wrongful Death Claims

If your loved one was killed due to a medical mistake, you may be wondering whether to file a medical malpractice suit or a wrongful death claim. Which type of claim is more appropriate? The answer depends on the facts of the case and the aims of the person filing the claim.

Medical malpractice claims arise after patients are injured due to misdiagnosis, medication errors, surgical mistakes, and more. These cases can apply to victims who were injured or killed by medical malpractice, but they are generally filed in situations where the victim survives the injury. In situations where the medical error led to the patient’s death, wrongful death lawsuits may be filed in conjunction with medical malpractice lawsuits or in place of them, depending on the circumstances. However, wrongful death lawsuits are usually the best option after a loved one is killed due to medical error.

Who can sue for Wrongful Death in Colorado?

In our state, the right to file a wrongful death statute is controlled by statute. According to Colorado law, only the surviving spouse is allowed to file a wrongful death lawsuit within the first year after the victim’s death (though the heirs of the deceased may join the spouse in the lawsuit with the spouse’s consent).

If there is no surviving spouse, other heirs may file the lawsuit, and the deceased’s parents have the right to bring forth a lawsuit if there are no heirs. However, during the second year after the death, both the deceased’s heirs and spouse have equal right to file a lawsuit.

What is the Statute of Limitations for Wrongful Death Claims in Colorado?

In Colorado, the statute of limitations for wrongful death claims is generally limited to two years from the date of the death.

What Damages can be Recovered After a Wrongful Death?

Surviving relatives of victims of medical malpractice wrongful deaths may be eligible to receive damages for:

  • Medical expenses
  • Funeral expenses
  • Economic damages based on the deceased’s income, age, and health
  • Pain and suffering
  • Grief
  • Loss of Companionship
  • Loss of Consortium
  • Impairment of quality of life
  • And more

However, to find out which damages you qualify to receive, you will first need to consult with an attorney who specializes in wrongful death claims.

Need an Attorney? Call us Today for a Free Consultation

Here at Carabin Shaw, our compassionate, talented lawyers have more than 200 years of combined legal experience, and our firm has been helping families with wrongful death lawsuits for more than two decades. We employ only the best Colorado medical malpractice attorneys, and our knowledgeable attorneys will help you understand the full range of your legal options so you can decide how you want to move forward.

So call Colorado attorney James Shaw today at 1-800-555-0101 to schedule your free consultation, and to find out how a wrongful death attorney in Colorado can help you and your family.

Visits with the Attorney are by appointment only. Main office San Antonio, Texas.

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