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Written by: J. Todd Tenge

Settlement Amounts for Colorado Medical Malpractice Lawsuits

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Wrongful Death Medical Malpractice Settlements

We trust our Colorado health care providers to exercise sound judgment and keep us safe while providing medical care.

Most of the time, medical procedures make our lives better. But often, they can end in tragedy.

When a loved one dies due to a medical provider’s negligence, surviving family members may be able to bring a medical malpractice lawsuit for wrongful death against the responsible medical provider.

This lawsuit holds the provider financially accountable in court. In successful medical malpractice lawsuits, the court directs the provider to pay compensation to certain surviving family members.

If you suspect that your loved one died due to medical malpractice, you may be wondering what the average wrongful death settlement amount is worth.

However, like all lawsuits, types of wrongful death lawsuits vary. This means that “average” medical malpractice wrongful death settlements are difficult to calculate beforehand.

For this reason, it’s helpful to understand the factors that influence the amount of compensation you can receive.

Wrongful Death Medical Malpractice Settlements

Under Colorado’s wrongful death law, a deceased person’s family could be eligible to file a wrongful death lawsuit if a medical provider’s accidental or intentional actions caused the death.

The law also allows claims for financial and emotional losses.

Typical awards for wrongful death medical malpractice settlements vary.

In a wrongful death case, the court usually divides the plaintiff’s damages into economic and non-economic damages.

Common types of economic damages cover financial losses associated with your loved one’s death, including:

  • Medical bills,
  • Lost family benefits like health insurance,
  • Funeral expenses,
  • Property damage, and
  • Lost wages.

Noneconomic damages compensate for the unquantifiable losses the deceased person’s family suffered.

Because they are hard to calculate, non-economic damages are more difficult to measure than economic damages.

In Colorado, noneconomic damages can include money for:

  • Pain and suffering;
  • Emotional anguish, grief, and sorrow;
  • Loss of consortium; and
  • Loss of services provided to the family by the victim.

In wrongful death cases stemming from medical malpractice, Colorado caps economic damages at $1 million but allows no more than $300,000 for pain and suffering.

A deceased’s family may also bring a survival action. Like economic damage claims, survival actions account for losses like medical bills, property damages, and funeral expenses.

These damages are incurred after the injury and before the victim passes away. In Colorado, both survival actions and wrongful death claims may coincide.

Calculating Wrongful Death Damages

To determine wrongful death damages, a court will commonly estimate and then total the following:

  • Lost wages the deceased’s family depends on;
  • Expenses paid on the deceased’s behalf like medical bills and funeral costs;
  • Loss of insurance benefits;
  • Other expenses that resulted from the deceased’s death;
  • Value of time and assistance the deceased provided or would have provided;
  • The deceased’s family’s pain and suffering, emotional anguish, sorrow; and
  • Loss of consortium (as an alternative to pain and suffering)

Despite this formula, calculating medical malpractice wrongful death damages is complicated. For this reason, it’s best to consult with an experienced medical malpractice wrongful death attorney.

A skilled Colorado wrongful death attorney can help you put a monetary value on your economic and non-economic losses.  

Contact a Colorado Personal Injury Attorney Today

Tenge Law Firm, LLC believes negligent medical professionals should be financially and legally responsible for the consequences of their actions.

If you are a victim of medical malpractice, we can help you seek justice.

We are a boutique litigation firm providing aggressive, diligent, and comprehensive representation for wrongful death victims and their families.

Though we’ve recovered over $50 million in settlements and verdicts in the last seven years, we limit our case load so we can focus on you.

Call us at 303-529-2865 or contact us online for a free consultation.

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