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 Lawyers: Navigating Legal Challenges in Healthcare

Medical malpractice is a complex issue that can have serious implications for patients and their families.

In Atlanta, where access to quality healthcare is crucial, having the right legal guidance is essential.

This article delves into the world of Atlanta Medical Malpractice Lawyers, their role in navigating legal challenges in healthcare, and how they can help victims seek justice.

Understanding Medical Malpractice

Medical malpractice occurs when a healthcare professional’s negligence leads to harm or injury to a patient.

It can encompass misdiagnosis, surgical errors,

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Filing A Federal Tort Claims Act Case

In the realm of legal proceedings, understanding the nuances of filing a Federal Tort Claims Act (FTCA) case can be a complex but crucial endeavor.

Whether you’ve suffered injury, property damage, or any form of harm due to the actions of a federal government employee, the FTCA provides a path for seeking compensation.

This article delves into the process of filing an FTCA case, offering insights and guidance every step of the way.

Understanding the Federal Tort Claims Act

The FTCA is rooted in

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Atlanta Medical Malpractice Lawyers: Justice for Medical Negligence

When medical care falls short of the expected standards, patients can suffer severe consequences.

Atlanta medical malpractice lawyers play a crucial role in advocating for victims of medical negligence.

In this article, we’ll delve into the responsibilities of these legal professionals, the process of pursuing a medical malpractice case, and how their expertise ensures justice for those who have suffered harm due to medical errors.

Understanding Medical Malpractice

Defining Medical Malpractice

Medical malpractice refers to the negligence of healthcare professionals or facilities in providing

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Seeking Justice: Atlanta’s Dedicated Medical Malpractice Lawyers

When medical professionals make mistakes, the consequences can be devastating.

In Atlanta, medical malpractice lawyers are here to provide support and guidance for individuals and families who have suffered due to medical negligence.

With their expertise and commitment to justice, these lawyers play a crucial role in ensuring that victims receive the compensation they deserve.

Navigating Medical Malpractice Claims with Expert Guidance

Understanding Medical Malpractice: Medical malpractice occurs when a healthcare provider’s negligence leads to injury or harm to a patient.

This can encompass

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Navigating Legal Waters: Your Guide to Atlanta Car Accident Lawyers

Car accidents can leave a trail of physical, emotional, and financial turmoil in their wake.

When dealing with the aftermath of a car accident in Atlanta, having the support of experienced car accident lawyers can make all the difference.

In this comprehensive guide, we’ll delve into the importance of Atlanta car accident lawyers, what to consider when hiring one, and how they can help you secure the justice and compensation you deserve.

Understanding Atlanta Car Accident Lawyers: Your Advocates in Tough Times

Why Are

Car Accident Lawyers Essential?

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Navigating Legal Challenges: Unveiling the Expertise of Atlanta Trial Lawyers

Legal matters can be intricate, daunting, and emotionally taxing.

Whether you’re facing a personal injury claim, a complex business dispute, or a criminal charge, having a skilled and experienced trial lawyer by your side can make all the difference.

In Atlanta, a city bustling with legal complexities, the expertise of trial lawyers is an invaluable asset.

Let’s delve into the realm of Atlanta trial lawyers, understanding their roles, the cases they handle, and the impact they make in the pursuit of justice.

The Role

of Atlanta Trial Lawyers

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Unveiling Truth: Navigating Whistleblower Cases with an Atlanta Whistleblower Lawyer

If you find yourself in a situation where you’ve uncovered unethical or illegal activities within a company, you might be facing a moral dilemma.

Reporting corporate misconduct is crucial for upholding ethical standards, but it can also be daunting, given potential repercussions.

This is where an Atlanta whistleblower lawyer comes into play.

In this article, we’ll delve into the world of whistleblower cases, the importance of legal protection, and the role an Atlanta whistleblower lawyer plays in ensuring justice prevails.

Understanding Whistleblower Cases:

Whistleblower

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The Prosecution of PPP Fraud: Understanding the Legal Implications 

The Paycheck Protection Program (PPP) was a crucial lifeline for businesses during the COVID-19 pandemic, providing much-needed financial relief to keep their doors open and employees paid.

However, with the speed at which the program was rolled out, it also became a breeding ground for fraudsters looking to exploit the system for personal gain.

PPP fraud prosecution has since become a pressing issue, with authorities working tirelessly to identify and hold those responsible accountable.

Overview of PPP Fraud

PPP loan fraud has been on

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Atlanta Securities Enforcement Lawyers: Protecting Your Investments and Interests

Navigating the complex world of securities law in Atlanta can be a daunting task, whether you are an individual investor or a business owner.

In such cases, the expertise of Atlanta securities enforcement lawyers becomes invaluable.

These legal professionals specialize in securities enforcement law, representing clients in cases related to securities fraud, insider trading, compliance issues, and more.

Let’s delve into the world of securities enforcement law and understand the role these lawyers play in safeguarding your investments and interests.

Understanding Securities Enforcement Law

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Crucial Steps to Compensation: Atlanta Car Accident Lawyers at Your Service

If you’ve been involved in a car accident in Atlanta, follow these crucial steps to ensure you protect your rights and maximize your chances of receiving fair compensation:

  1. Safety First: Check yourself and others for injuries and move to a safe location if possible.
  2. Call for Help: Dial 911 to report the accident and request medical assistance if needed.
  3. Gather Information: Exchange contact and insurance details with the other driver(s) involved. Also, gather contact information from any witnesses.
  4. Document the Scene: Take photos of the accident scene, vehicle damage, and any visible injuries.
  5. Report to the Police: File a police report and obtain a copy for your records.
  6. Seek Medical Attention: Even if you feel fine, get a medical evaluation to identify hidden injuries.
  7. Notify Your Insurance Company: Report the accident to your insurance company, providing factual information without admitting fault.
  8. Consult with an Atlanta Car Accident Lawyer: Contact an experienced car accident lawyer in Atlanta to discuss your case and understand your legal options.
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