Rittgers Rittgers & Nakajima

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Ohio: 513-496-0134
Kentucky: 859-495-1669

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Ohio: 513-496-0134
Kentucky: 859-495-1669

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    4.  → Difficulty In Proving Nursing Home Neglect

Difficulty in Proving Nursing Home Neglect

Even if you are certain that your loved one has been harmed because of nursing home neglect, you still have an uphill battle to successfully prove your claim and recover money damages.

One of the sizable challenges in proving nursing home negligence is that aging residents are expected to suffer a decline in health. You know your family member best and you may be positive that neglect caused your loved one’s deteriorating condition, but proving it in a court of law, to outsiders, is a different matter. You need to convincingly prove that the decline in your loved one’s health would not have occurred but for the negligence of the nursing home.

Another difficult aspect of nursing home neglect cases is that victims are often unable to articulate their mistreatment by testifying, or they’ve passed on. Even in instances where the patient is mentally sharp, the nursing home may brush off the allegations by saying that the resident is simply confused or mistaken due to old age.

Another obstacle for proving your case is simply a lack of evidence. If nursing home staff members are mistreating a resident, chances are they are not going to document evidencing their wrongdoing.

Overcoming Challenges in Nursing Home Neglect Lawsuits

It is not easy to overcome the obstacles involved in nursing home injury claims, but an experienced attorney gives you the best chance for success.

At Rittgers Rittgers & Nakajima, we find creative ways to uncover evidence of mistreatment and help you build your injury or wrongful death case. Our Cincinnati lawyers have an abundance of resources to help you prove your claim and a record of success in injury cases.

For a consultation with one of our southern Ohio nursing home neglect attorneys, call 513-496-0134 or contact us online.

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"My husband and I were in a horrible head on collision a year ago. The driver nor his parents had no insurance. We didn’t have a clue what to do. My husband talked to another firm, but I wasn’t sure, they just stuff in the mail to look at. We needed someone to talk about our situation. So we looked into Rittgers Rittgers & Nakajima , Barb called us back promptly and explained what and how we needed to proceed and we felt very comfortable with her and her staff. I’m so glad we used Rittgers Rittgers & Nakajima firm. Barb and Lynda were so friendly, helpful and nice every time we talked. If not for them we’d be paying on medical bills etc., forever. So we recommend them highly." - Sue Stanley
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 Case Results

Personal Injury Results

7 Million Policy Limit Settlement

Car Crash

A man’s life was significantly and permanently altered after he suffered a traumatic brain injury when he was struck by a vehicle. The case settled for the maximum policy limits after we secured an accident reconstructionist, lighting expert, life-care planner, and physician to explain liability and the full extent of the harms and losses our client suffered from the crash…

Personal Injury Results

$5 Million Settlement

Truck Driver At-Fault for Wrongful Death

A family lost a loving husband and father when a truck driver acted careless and needlessly endangered the lives of all Ohio drivers. The insurance company that insured the truck explored numerous avenues to escape its responsibility to pay the full value of the case…

Personal Injury Results

$3 Million Verdict

Slip and Fall

A woman broke her knee cap after falling over a broken wet floor sign at a local casino. The casino showed a callous disregard for the safety of patrons during the pre-trial depositions as well as at the trial. Our client suffered permanent disfigurement, embarrassment, and was forced to be less active for the rest of her life. A jury returned a $3 million verdict in Hamilton County, Ohio…

Personal Injury Results

$3 Million Settlement

Landscape Truck

A young boy was killed after a landscape truck ran him over in the street. The insurance company claimed the child “darted out” in front of the driver. We established the company failed to follow commercial trucking safety regulations and reconstructed the crash which prompted a settlement for the full policy limits of $3 million…

Personal Injury Results

$2.75 Million Settlement

Child Injured During Sporting Event

A young child’s life was changed forever after a head injury at a sporting event. Facing an uphill battle because of numerous laws that restricted the chance of recovery, the case was resolved through a mediation that resulted in a $2,750,000 settlement…

Personal Injury Results

$2.1 Million Settlement

Nursing Home Error

A loving mother and wife was in a nursing home when she suffered a life altering injury as a result of a nursing home employee’s failure to properly secure her in a transport vehicle. She passed away several months later at a local hospital due to other complications…

Personal Injury Results

$1.1 Million Settlement

Motorcycle Crash

An elderly man failed to yield to a motorcycle causing a crash that killed a woman who was riding on the back of a motorcycle operated by her husband. She was not wearing a helmet and did not survive the crash. The settlement was for the total insurance policy limits…

Personal Injury Results

$5 Million Settlement

Truck Driver At-Fault for Wrongful Death

A family lost a loving husband and father when a truck driver acted carelessness and needlessly endangered the lives of all Ohio drivers. The insurance company that insured the truck explored numerous avenues to escape its responsibility to pay the full value of the case…

Personal Injury Results

$2.75 Million Settlement

Child Injured During Sporting Event

A young child’s life was changed forever after a head injury at a sporting event. Facing an uphill battle because of numerous laws that restricted the chance of recovery, the case was resolved through a mediation that resulted in a $2,750,000 settlement…

Personal Injury Results

$2.1 Million Settlement

Nursing Home Error

A loving mother and wife was in a nursing home when she suffered a life altering injury as a result of a nursing home employee’s failure to properly secure her in a transport vehicle. She passed away several months later at a local hospital due to other complications…

Personal Injury Results

$1.1 Million Settlement

Motorcycle Crash

An elderly man failed to yield to a motorcycle causing a crash that killed a woman who was riding on the back of a motorcycle operated by her husband. She was not wearing a helmet and did not survive the crash. The settlement was for the total insurance policy limits…

Personal Injury Results

$700,000 Settlement

Pennsylvania Tractor Trailer Crash

A truck and car collided in a head-on collision on a two-lane road in Pennsylvania. The truck driver claimed our client came into his lane before swerving back to his own lane. The toxicology report indicated our client had marijuana in his blood and the black box data showed that his speed…

Personal Injury Results

$500,000 Settlement

Burn Injury

Children and teenagers started a bonfire during a graduation party that badly burned our client, a young boy, who was sitting close to the fire. The insurance company refused to offer any money since the boy’s own brother was not covered under the policy and he admitted to starting the fire…

Personal Injury Results
Criminal Defense Results
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