Legal Question in Federal Tort Claims in South Carolina

How can I get the damage cap lifted or raised

Former lawyer was not zealous/very knowledgeable about FTCA. didn't collect all medical bills or medical records or calculate them correctly when i supplied them. he filed an administrative claim, the sum certain figure was ridiculously low and didn't factor in all my medicals or loss of income. Disregarded the severity of my condition and losses, though aware of both. My condition is permanent and adversly impacts other conditions. Administrative claim denied , no appeal and no increase in damages requested (lawyer�s doing/no consult). Suit filed with same low figure. 75,000. Able to get judge to let me separate from him and proceed pro se. Unemployed/very part time due to injuries since 11/00. Gov't admitted 100% liability however, lost income 140,000, lost savings 30,000, medicals 20,000=190,000 + future losses, pain, suffering, told I might be stuck with 75,000 because of FTCA and figure filed with civil complaint.. Is there a law or precendent that can aid my case to recoup my losses or am i truly stuck? does sc tort law and damage limits supercede FTCA law since the suit is subject to the laws of the state the personal injury occurred? do i have a viable legal malpractice claim also ? trial =12/15/03. thanks.


Asked on 11/28/03, 1:06 am

1 Answer from Attorneys
Randall Hood McGowan, Hood & Felder, LLC

Re: How can I get the damage cap lifted or raised

I think that the Attorney may have committed legal malpractice. When someone fills out a Form 95, it specifically advises that the damages determination figure can not be amended. When I transmit a Form 95 to the government, I put in a figure that doubles or triples all damages since I cannot tell how large my client's damages may become. I think you probably need to investigate a legal malpractice claim. Send me a private email or call me at 800-273-2889 and I will gladly discuss with you further.

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Answered on 12/01/03, 10:41 am


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