Wrongful Death Attorneys in Watkinsville, GA
Georgia's Wrongful Death Act may give your family legal options.
Awards & Recognition
Representing Families Throughout Georgia After the Loss of a Loved One
Losing a family member because of someone else's negligence is among the most painful experiences a person can face. In the wake of that loss, surviving family members are often left with grief, financial uncertainty, and questions about whether justice is possible. Georgia law provides a legal path for certain family members to pursue a wrongful death claim; a process that can feel overwhelming without guidance. Boggs, Cowan, & Fargione works with families in Watkinsville, Oconee County, and throughout Georgia during these difficult circumstances, helping them understand their rights and whether a claim may be available.
What Is a Wrongful Death Claim Under Georgia Law?
Georgia's Wrongful Death Act, codified at O.C.G.A. § 51-4-2, provides certain family members with the right to seek compensation when a person's death is caused by the negligent, reckless, or intentional conduct of another party or entity. The law allows recovery for "the full value of the life of the decedent," which includes both economic contributions and the value of relationships, experiences, and life itself.
Wrongful death claims are separate from claims brought on behalf of the decedent's estate. Both types of claims may arise from the same set of facts and can proceed together.
Who May Bring a Wrongful Death Claim?
Under Georgia law, the right to bring a wrongful death claim follows a specific priority order:
- The surviving spouse holds the primary right to file. If there is a surviving spouse and surviving children, the spouse acts on behalf of the children and must share any recovery with them (though the spouse's share may not be less than one-third).
- If there is no surviving spouse, the deceased's children may bring the claim.
- If there is no surviving spouse or children, the deceased's parents may pursue the claim.
- If none of the above apply, the administrator or executor of the estate may bring the action.
The Time Limit to File
Wrongful death claims in Georgia must generally be filed within two years of the date of the loved one's death, not the date of the accident or event that caused the injury. This deadline is strictly enforced. Missing it can permanently eliminate the family's right to seek recovery. In some circumstances, tolling may apply (for example, if all eligible claimants are minors) but these exceptions are narrow. Early consultation with an attorney is strongly encouraged.
Common Circumstances That May Give Rise to a Wrongful Death Claim
Wrongful death claims can arise from many types of negligent or wrongful conduct. Common circumstances include:
- Fatal car and truck accidents caused by negligent drivers
- Deaths resulting from dangerous property conditions
- Fatal injuries caused by defective or dangerous products
- Deaths resulting from medical negligence or errors
- Workplace fatalities caused by unsafe conditions or third-party negligence
- Criminal or intentional acts that result in death
In each situation, the key legal question is whether another person's or entity's conduct caused the death and whether a recognized legal claim exists.
What Compensation May Be Available?
A wrongful death claim in Georgia may allow recovery for the full value of the life of the person who died, a measure that accounts for both the financial contributions the decedent would have made and the non-economic value of their life, relationships, and experiences. A separate estate claim may also allow recovery for medical expenses, funeral costs, and pain and suffering experienced by the decedent before death.
The specific damages available depend on the circumstances of the case, the relationship of the claimant to the deceased, and the applicable Georgia law.
How Boggs, Cowan, & Fargione Approaches Wrongful Death Cases
Wrongful death cases require careful investigation, an understanding of Georgia's wrongful death statute, and sensitivity to the circumstances families are living through. Our attorneys work with families in Watkinsville and across Georgia to review the facts, explain the legal process, and pursue claims through negotiation or litigation.
Founding attorney Lucas Cowan's background as a Georgia prosecutor, where he handled serious felony cases, gives him a foundation in building fact-intensive cases that is directly applicable to wrongful death litigation. Partner Al Fargione brings experience in high-stakes civil litigation across Georgia's state and federal courts. Partner Lucas Boggs is focused on civil and personal injury matters and approaches each case with trial preparation as a priority.
We maintain a selective caseload so that every client who works with our firm has direct access to an attorney and receives focused representation throughout the process. Both Mr. Fargione and Mr. Boggs have been recognized as Super Lawyers Rising Stars.
Contact a Wrongful Death Attorney in Watkinsville, GA
If your family has lost a loved one due to another party's negligence, Boggs, Cowan, & Fargione is available to discuss your situation and help you understand the options that may be available under Georgia law. We offer free consultations and represent families throughout Georgia.