Finch McCranie, LLP

Damages Allowable Under The Federal Tort Claims Act

Damages under the Federal Tort Claims Act are measured by the law of the state in which the tort occurred. Thus, the state statutes control what damages may be obtained. However, there are some differences principally in the context of wrongful death claims. Because every law in every state is different in this regard, suffice it to say that counsel must be familiar with the District Court opinions in their district as well as in their state. The differences can also dictate who has
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Atlanta Motorcycle and Motor Scooter Dangers

Motorcycles and motor scooters are becoming increasingly popular in Atlanta due to congestion and their gas saving qualities. However, we are increasingly seeing terrible and tragic accidents involving motorcycles and motor scooters. Unfortunately, many of these incidents are caused by distracted drivers who simply do not see the motorcycles or motor scooters.
In today’s Atlanta newspaper there is an article concerning a 55-year-old Atlanta resident who was killed while riding a motor scooter. She had stopped on Peachtree Road to make a turn into her
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Suing State Law Enforcement Officials In State Court:Easier Said Than Done

Under the law of the State of Georgia, law enforcement officials enjoy official immunity for acts performed within the scope of their discretionary authority. As long as they are performing discretionary acts and not ministerial duties, they can only be held liable if they are acting outside the scope of his authority or with actual malice or intent to injure. These are very difficult propositions to prove in the routine case. If an officer, however, violates a simple ministerial task, he can be liable but
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Suing Law Enforcement Officials In Federal Court: Easier Said Than Done

Under the Eleventh Amendment to the United States, a state law enforcement official typically cannot be sued in his official capacity for acts done within the scope of his official duties. The reason is the Eleventh Amendment which prohibits lawsuits against a state or “state actors” without state consent. This constitutional prohibition against such lawsuits typically means that if someone has a civil rights claim they wish to assert in court against a law enforcement official then they might need to consider doing so in
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Suing Law Enforcement for Excessive Force Claims: Easier Said Than Done

When a law enforcement officer abuses his authority and uses excessive force in an arrest or detention of a suspect, legally, the victim of such excessive force faces some very significant legal hurdles in seeking redress for any injuries caused by the excessive force. What we refer to here is known as the doctrine of qualified immunity. Simply stated, as long as a law enforcement official is acting within the scope of his discretionary authority, he/she essentially has immunity for his acts unless he clearly
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The Federal Tort Claims Act: Ask For a Sum Certain

As indicated in our prior blogs on this subject, when a claim is brought under the Federal Tort Claims Act, it must be initiated via the filing of an administrative claim. The administrative claim should not be filled out in the most sparse form imaginable rather all pertinent details of the claim should be provided. This includes providing all relevant documentation which supports the claim. Indeed, it is somewhat analogous to submitting a settlement package to an insurance company. All information concerning when and where
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Arbitration Clauses Before Supreme Court

Mandatory arbitration clauses are contained in almost every consumer transaction agreement, and financial and employment contracts. We have previously written about the fact that these mandatory arbitration clauses benefit only big business. As a result of the unfair nature of these clauses, there has been a movement within the United States to prohibit their inclusion in many consumer, financial, and employment contracts.
The increasingly conservative United States Supreme Court has recently been upholding a wide range of mandatory arbitration clauses. Just recently, the Supreme Court
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De-Ja Vu : More Police Chases Equal More Deaths

Last week we read about what has become an all too familiar pattern, more police chases equal more deaths. In one case in Los Angeles a six year old was killed when the police were chasing suspects who were believed to have been involved in a drug transaction earlier. The death penalty was imposed on this six year old girl in order to catch a suspected drug user. Was the price worth it? Also in Los Angeles, a motorcycle officer was killed during a pursuit when he lost control of the motorcycle. In a police chase in Jacksonville, two police officers and a suspect were hospitalized with serious injuries. These were three separate incidents which occurred on June 10.

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Police Chase Results In Death Of Child

Police chases very often end in tragic results. Our Atlanta attorneys have handled many such cases in Georgia which have resulted in the loss of innocent lives while law enforcement officers chased suspects for minor offenses.
Despite the carnage which these chases cause and the pain and grief inflicted upon innocent victims, lawmakers continue to make it more difficult for innocent victims to receive compensation for losses. These restrictions also have the effect of making it easier for law enforcement officers to engage in dangerous
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The Federal Tort Claims Act: The First Step to Take

Under the FTCA, a plaintiff must first submit an administrative claim to the responsible federal agency prior to the initiation of a lawsuit. The courts have held that the filing of such a claim is a jurisdictional requirement meaning that before the United States government can be sued, a written claim must first be made to the responsible federal agency which the claimant contends is liable for their damages. Many federal agencies have their own regulations governing the filing of such claims but in most
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Medical Malpractice Settlements: Understanding Your Rights and Options

Medical malpractice is a grave concern in the healthcare industry, affecting countless individuals each year.

Understanding medical malpractice settlements is crucial for anyone who has been a victim of substandard medical care.

In this comprehensive guide, we will delve into the intricate world of medical malpractice settlements, helping you navigate the legal and financial aspects associated with such cases.

What Is Medical Malpractice?

Medical malpractice occurs when a healthcare provider, such as a doctor, nurse, or hospital, fails to provide the standard of care

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Protecting Your Rights: Pursuing Medical Malpractice Claims

In today’s world, medical malpractice is an unfortunate reality that many individuals may face.

When you seek medical care, you trust that healthcare professionals will provide the best possible treatment.

However, medical errors can and do occur, sometimes leading to serious harm or even death.

In such cases, it’s crucial to understand your rights and how to pursue a medical malpractice claim.

This article will guide you through the process of protecting your rights when faced with medical malpractice.

Understanding Medical Malpractice

What

is Medical Malpractice?

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Medical Procedure Error: Understanding, Prevention, and Legal Implications

Medical procedures are an integral part of healthcare, providing patients with treatments and interventions that can save lives and improve their quality of life.

However, the healthcare industry is not immune to errors, and medical procedure errors can have serious consequences.

In this article, we will delve into the topic of medical procedure errors, exploring their causes, prevention strategies, and the legal implications that healthcare professionals may face when such errors occur.

What Are Medical Procedure Errors?

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Atlanta Injury Law Firm: Your Trusted Legal Partner

In today’s fast-paced world, accidents can happen when you least expect them.

Whether it’s a car collision, slip and fall incident, or any other personal injury, the need for legal assistance becomes crucial.

That’s where an Atlanta injury law firm comes into play.

In this article, we’ll explore the ins and outs of these legal entities, shedding light on how they canAtlanta Injury Law Firm: help you navigate the complex world of personal injury claims.

Understanding Personal Injury Law

Before delving into the

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Medical Errors Compensation: Understanding Your Rights and Options

In today’s complex world of healthcare, medical errors are an unfortunate reality that can lead to serious consequences for patients.

While medical professionals strive for excellence in their practice, errors can still occur.

In such cases, it is crucial for patients to understand their rights and options for seeking compensation.

This article aims to shed light on the topic of medical errors compensation, providing you with valuable insights into the process, your rights, and the steps to take in the event of a medical

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Understanding Medical Errors Compensation: Navigating a Complex Landscape

In the ever-evolving world of healthcare, where the primary goal is to provide patients with the best possible care, medical errors can still occur.

These errors, though unintentional, can have serious consequences for patients and their families.

To address the aftermath of such incidents, it’s crucial to explore the topic of medical Errors Compensation comprehensively.

In this article, we will delve into the intricacies of medical errors compensation, shedding light on the process, challenges, and potential resolutions.

Medical errors are incidents in healthcare that

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Atlanta Accident Lawyer: Your Guide to Legal Support After an Accident

In the bustling city of Atlanta, accidents can happen at any moment.

Whether it’s a car collision, slip and fall incident, or workplace mishap, the consequences can be overwhelming.

This article serves as your comprehensive guide to understanding the role of an Atlanta accident lawyer and how they can provide the necessary legal support in times of crisis.

Understanding Personal Injury Law

To comprehend the significance of an Atlanta accident lawyer, it’s crucial to delve into the realm of personal injury law.

This

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Understanding the Role of a Dangerous Product Attorney

In an age where consumer products surround us in every facet of life, from our morning coffee makers to the vehicles we rely on for transportation, the issue of product safety has never been more critical.

While the majority of products serve their intended purpose safely and without incident, there are unfortunate instances where products prove to be dangerous or defective, leading to injuries, illnesses, or even tragic loss of life.

In such challenging circumstances, the services of a skilled and experienced professional become indispensable

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Product Liability Claim: Protecting Your Rights as a Consumer

In today’s consumer-driven world, we rely on various products for our daily needs.

From electronics to household appliances, automobiles to toys, we trust that these products are safe for use.

However, sometimes, products can malfunction or pose unexpected dangers, leading to injuries or damages.

In such cases, a product liability claim becomes crucial to protect your rights as a consumer.

Understanding Product Liability

What is Product Liability?

Product liability refers to the legal responsibility of manufacturers, distributors, and sellers for injuries or damages caused

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Personal Injury Attorney Georgia: Navigating Legal Waters After an Accident

When life takes an unexpected turn and an accident leaves you injured, it’s essential to understand your rights and options.

In the state of Georgia, personal injury cases are subject to specific laws and regulations.

Whether you’ve been in a car accident, suffered a slip and fall, or experienced any other form of personal injury, having the right information is crucial for making informed decisions.

In this article, we’ll delve into the intricacies of personal injury cases in Georgia and the role of a

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