Wrongful Death Attorney in Georgia | Boggs, Cowan, & Fargione — Athens, GA

Boggs, Cowan, & Fargione represents families of wrongful death victims throughout Georgia. If your loved one died due to another person's negligence or intentional actions, Attorney Lucas Cowan can help you pursue justice and compensation. Call 706-637-3343 for a free consultation.

Losing a loved one, especially when it's the result of a preventable accident or illness caused by another person's action or inaction, is an experience none of us want to endure. And wrongful death cases can take a financial toll on surviving family members. On behalf of the estate (typically), survivors (usually family members) can often file a wrongful death lawsuit in Georgia. Though these claims are never what a person wants to do, they are often necessary and practical to ensure as much protection as possible for surviving family members.

At Boggs, Cowan, & Fargione, our wrongful death attorney in Georgia understands what you are going through and will persevere to obtain the best possible legal outcome. Contact Boggs, Cowan, & Fargione if a loved one has been the victim of a wrongful death case in Athens, Lawrenceville, Monroe, or anywhere else in Georgia. Schedule a free consultation by calling us at 706-637-3343" data-insertion-id="613873">706-637-3343 or emailing us here.

What Constitutes a Wrongful Death Lawsuit in Georgia

When someone dies as a result of the negligence or misconduct of another person, the family of the deceased person may file a wrongful death claim against the person at fault. A wrongful death lawsuit is a civil lawsuit brought against an individual, company, or government agency.

In a wrongful death claim, a Plaintiff (usually the surviving family members) can seek compensation for things like: 

• lost income
• medical expenses prior to the death
• funeral and burial expenses
• pain and suffering
• lost companionship
• lost prospect of inheritance. 

A Plaintiff generally needs to show the cause of death by satisfying four elements:

1. The Plaintiff was owed a duty of care.
2. The Defendant breached this duty of care (either negligently or intentionally).
3. This breach caused the decedent's wrongful death.
4. The Plaintiff suffered losses as a result.

After establishing these elements, it then turns on the question of who can file the wrongful death claim in Georgia.

Who Can File a Wrongful Death Claim in Georgia?

Wrongful death lawsuits are usually brought by a representative of the decedent's estate (often the executor) on behalf of or with survivors who suffered financially as a result of the death, referred to as the “real parties in interest”. 

The definition of a real party in interest depends on the jurisdiction. In most states, they are the immediate family members of the decedent, including: 

• Wives
• Husbands
• Children
• Parents of young children

Relationships beyond immediate family members or life partners may not be eligible to file a wrongful death suit, depending on the relevant law. For example, only some states recognize extended family members like grandparents and siblings. Some states also recognize parents of a deceased fetus as real parties in interest.

Common Causes of Wrongful Death Claims in Georgia

Wrongful death claims often arise in the context of the following.

• Car accidents, especially those involving drunk drivers. If the case involves intoxication, the lawsuit may also name the person who served the driver alcohol as a defendant
• Other auto accidents or related-auto accidents, including those involving commercial trucks, semi-trucks, motorcycles, boats, pedestrians, and bicyclists
• Medical malpractice, when a practitioner fails to provide an acceptable level of care that leads to a misdiagnosis, surgical mistake, prescription error, birth injury, or any other harm
• Product liability, e.g., a defective medication causes someone's death
• Airplane accidents, where the airline, plane manufacturer, or pilot may be named as defendants
• Workplace accidents or construction accidents, including deaths caused by falls, falling objects, improper training, or exposure to toxic substances
• Premise liability accidents, e.g., a slip and fall or another accident occurring on someone else's property

What Are Common Defenses to Wrongful Death Claims in Georgia?

The defenses available to a defendant in a wrongful death claim and their application vary between states. If you are a plaintiff, it is important to know what potential defenses are so that you can be prepared to argue against them. 

Some common defenses include:

• Expiration of the statute of limitations, where the plaintiff has filed their claim beyond the deadline and is now ineligible to recover
• Comparative or contributory negligence, where the defendant alleges the decedent's negligence contributed to their death
• Assumption of risk, where the decedent knew about the risk associated with an activity or signed a waiver or release accepting it
• Self-defense, where the defendant says they used reasonable force against the decedent to protect themself from the decedent causing serious harm to them

Whether a specific defense applies depends on the circumstances of the case. It's also important to remember that just because a defense is invoked, it does not mean you can't argue against it. When a defense is invoked, the defendant must prove it. 

The standard of proof in a wrongful death action is the civil standard of a preponderance of the evidence. In other words, it is more likely than not that the defendant's actions resulted in the wrongful death.

Contact a Wrongful Death Attorney in Georgia Today

If you lost a loved one and believe you may have a wrongful death claim but are unsure, our wrongful death attorney can help you understand what your legal options are. Time is of the essence, though. 

The statute of limitations begins running at the time of the accident and/or death. Contact Boggs, Cowan, & Fargione if a loved one has been the victim of a wrongful death case in Athens, Lawrenceville, Monroe, or anywhere else in Georgia. Schedule a free consultation by calling us at 706-637-3343" data-insertion-id="613873">706-637-3343 or emailing us here.