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It depends on the certain case. When evaluating whether someone can be sued for another's injuries, you have to look at whether there was a duty to that person, and if there was a duty, then was there a breach of that duty - meaning was the nursing home negligent in their care? Then we have to look and see whether or not their negligence was the acutal cause of your mother's fall, and lastly, did her fall cause actual damages? These are all questions that can be evaluated by an attorney for your particular circumstances.
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The answer is “it depends”. Assuming the other party was negligent in some manner, your damages might be reduced by your failure to wear a helmet if you are claiming a head injury. You should contact a knowledgeable local attorney for further evaluation.
Asked in New York
Environmental Torts
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It depends on the circumstances of your case and what damages was done. In general, and without knowing any specifics, a federal law called the Federal Tort Claims Act permits people to sue the United States or one of its agencies in a federal court for certain "torts" (for example, causing an injury) committed by persons acting on behalf of the United States or its agency.
Asked in Florida
Auto Accident
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Thank you for your question, but no attorney can answer that question without knowing who you are or what your case is about. I recommend that you contact the firm handling your case directly.
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Whether you have a claim of some sort will depend, at least in part, on the law in the state you live in. Further specifics regarding your situation would also need to be evaluated. In general, however, the Federal Tort Claims Act relates to lawsuits that an individual may be under certain circumstances if they are injured by the United States.
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I am not admitted to practice in New York; I am licensed in Missouri and Illinois. As a general matter, and without knowing the specifics of your situation, it may be possible for more than one person/entity to be legally responsible for contributing to injuries. It sounds like your situation could be complicated, and keep in mind that you may only have a certain amount of time to file a lawsuit (i.e., a statute of limitations) otherwise, you could be prevented from proceeding with the suit.

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