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The Federal Tort Claims Act ("FTCA") is a 1946 federal statute that permits private parties to sue the United States in a federal court for most torts committed by persons acting on behalf of the United States. Under the FTCA, the United States is liable in the same manner and to the same extent as a private individual under like circumstances. Federal courts have jurisdiction over such claims, but apply the law of the State "where the act or omission occurred." Attorneys’ fees are limited by Title 28, United States Code, Section 2678, which establishes the percentage at 20% for cash settlements pursuant to an administrative claim, and 25% for cash settlements or verdicts that arise after a lawsuit is initiated.
"The FTCA provides an avenue to right wrongs"
FTCA medical malpractice cases are quite different from ordinary tort cases. In such a case, the injured party may not file a lawsuit against the government until he or she has exhausted all administrative remedies. The injured party must first file an administrative claim with the proper agency of the United States government within a limited amount of time.
"There are many advantages to bringing a FTCA claim as compared to a traditional tort claim in state court."
Our tort claim attorneys have a strong record of succeeding in serious personal injury cases in which the negligent party is an agent of the government. Federal Tort Claims Act cases can involve several areas of personal injury law, including:
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Paul McConnell and Dr. Michael Giordano are trial lawyers that have the experience and success in medical malpractice and personal injury claims to ensure that you enjoy your legal rights. We have unparalleled and uncompromising professional standards.
A proven track record on your side.
Committed to delivering justice and maximizing compensation
We have a powerful combination of medical and legal expertise that we bring to every matter.
We work closely with you to help ensure you receive every bit of legal, medical, insurance and financial assistance to which you are entitled.
We care about making things right. In a lot of cases, that means getting you more than just money. Our cases also impact the safety improvements in medical care, consumer products, motor vehicles, and more.
You have important questions regarding your injuries and the next steps you should take. Contact us today for a free consultation to discuss the distinct details of your case. A Veteran-Owned Law Firm, we are driven to serve those who have likewise served our country, drawing upon a unique and extensive combination of military, medical, and legal experience to help you navigate the system. We understand your pressing concerns, and we will meet you where you are.
If you hire The Doctor Lawyer Team, there are no fees unless you recover. Whether you are home or overseas, fill out our contact form to start the conversation and begin your path toward recovery.
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Your Information Is Safe With Us
We respect your privacy. The information you provide will be used to answer your question or to schedule an appointment if requested.
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Paul McConnell and Dr. Michael Giordano are trial lawyers that have the experience and success in medical malpractice claims and Personal Injury to ensure that you enjoy your legal rights. We have unparalleled and uncompromising professional standards.
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