[CO] Can you file a wrongful death lawsuit yourself to preserve the malpractice deadline?

Lexi, Chatbot

I understand how important it is to ensure your lawsuit documents are accurate and complete. What specific type of lawsuit are you planning to file?

Lexi, Chatbot

Have you already prepared the documents, or are you looking for assistance in drafting them as well?

Lexi, Chatbot

Is there anything else the Lawyer should know before I connect you? Rest assured they’ll be able to help with your wrongful death lawsuit.

TJ, Esq.

Hello! My name is TJ, and I’m an attorney with over 20 years of experience. Thanks so much for the opportunity to assist you!

TJ, Esq.

I’m sorry for your loss. Wrongful death cases can be complex, and reviewing your documents before filing makes a lot of sense, especially when you’re handling this yourself.

PS: I do my best to keep chats going in real time, but if there’s a delay on my end, please don’t worry. The chat doesn’t close and I’ll get back to you as soon as I can. There’s no rush on your end either!

TJ, Esq.

I really appreciate you sharing that background. That deadline coming up is real pressure, and I get why you’re moving forward this way.

You’re right that filing pro se preserves your statute of limitations (see C.R.S. § 13-80-102.5, Colorado’s limitation period for medical malpractice actions) and buys you time to develop the case. Colorado does require expert affidavits in medical malpractice cases before you can proceed, and that’s a significant hurdle. Under Colorado’s certificate of review statute, C.R.S. § 13-20-602, that expert support must be documented within 60 days after the complaint is served. Filing now stops the clock, then you have a window to get an expert review and ideally get them to sign an affidavit saying there’s a basis for the claim. That’s the path forward.

A few things to keep in mind: when you file pro se, the court will still expect your documents to follow Colorado Rules of Civil Procedure. Any procedural errors could cause issues, which is why reviewing them now makes sense. Also, once you do get an expert willing to support the case, you’ll want to move quickly on getting an attorney involved, because managing discovery and expert testimony gets complicated fast without representation.

The documents you’re filing today should include your complaint with the basic facts of what happened and why you believe the doctor’s care fell below the standard. You’ll want to be clear about damages (see C.R.S. § 13-21-202, which authorizes wrongful death actions), though you don’t need to prove them at this stage.

TJ, Esq.

How far along are you with finding a medical expert to review your husband’s records?

Thank you for trusting me with this.

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TJ, Esq.

I hear you, and I want to be direct about what you’re facing here.

You’re right that Colorado’s damage caps in medical malpractice cases make it harder for attorneys to take cases on contingency. The $500,000 cap applies to non-economic damages like pain and suffering, which is where most of the recovery usually comes from in wrongful death cases. Economic damages like medical bills and lost wages aren’t capped, but those are typically smaller. So attorneys do the math and realize the case won’t generate enough in fees to justify the time and expense, especially with the expert affidavit requirement upfront.

That said, your instinct to file pro se makes sense given your timeline. You preserve the statute of limitations, and you buy yourself 60 days to find an expert and potentially attract attorney representation once you have that expert affidavit in hand. Some attorneys will reconsider a case if you’ve already done the heavy lifting on the expert side.

Your point about advocacy is worth considering too. If this case doesn’t move forward the way you hoped, channeling that energy into legislative change could be meaningful and might actually help other families down the road. That’s a different kind of justice, but it’s real.

TJ, Esq.

You’re welcome! :)