Dr. Horton’s Lawsuit

Dr Horts Class Action Lawsuit – Why is it So Hard to Find Attorneys to Help Prove Negligence?

A lawyer who specializes in mesotheliomas and who has experience in the high technology associated with mesothelioma cancer lawsuits, is a plaintiff’s best choice. The reason that a settlement is reached so quickly is because the plaintiff’s medical records cannot be introduced as evidence at trial. Plaintiffs typically bring their lawsuits when they are aware of the reason for their medical care was discontinued, but they still do not have the condition identified. The attorney has the expertise to obtain the medical records after the fact to prove negligence on the part of the defendant.

Dr. Horton’s Lawsuit

Most plaintiffs will receive a monetary award as well as medical benefits to cover their out-of-pocket expenses and pain and suffering. However, there is one aspect of Dr. Horton’s lawsuit that is not often addressed in a mesothelioma lawsuit: His case was settled out of court. Unlike a mesothelioma cancer litigation in which tens of thousands of dollars in awards have been awarded, Dr Horton was settled out of court. Why? Because defendants were unable to prove liability. There was no admission of wrongdoing by the defendant and therefore, the case was resolved without the expense and time of a mesothelial lawsuit.

What does this mean to Dr Horton? If his lawsuit had been allowed to continue, defendants may have sought to have the case dismissed because of the risk of prejudice. Plaintiffs who want us to stop investigating or stop laying down the research, even if they are physicians, have been told “no.” Why?

Because these homeowners did not want the Dr. Horton lawsuit.

If the homeowners had called the local news station, there would have been no story. But, because the homeowners did not call the local news station, the story died. That is the power of protecting information.

In Dr Horts lawsuit, the plaintiffs alleged negligence on the part of defendant-insurance company and their expert, but those legal arguments were largely ignored by the defendants and their insurance company attorneys.

Instead, the insurance company and their attorneys pursued a strategy of “water-tight” defense. They maintained that the plaintiffs’ claims of pain and suffering came from statistical analysis of how the defendant operated his business. This statistical analysis was supposedly based on an allegedly flawed mathematical algorithm. Once the discovery was disclosed, however, it was found that the plaintiffs’ allegations about the numerical calculations had no bearing on the outcome of the case.

The third scenario is similar.

A plaintiff who is seeking monetary compensation may call up a law firm or claim provider and ask them to draw up a legal document purporting to demonstrate that a defendant deliberately avoids making timely payments on a construction loan. Once that legal document is in hand, the law firm will argue with any witness who testifies in court that the numbers don’t add up. Only problem is, that witness isn’t available, and most law firms don’t have that kind of money on hand. Thus, in many instances, the defendants employ expensive professional services of large volume builders to “dig up” numbers to use in their defense in Dr Horts and other Horton Class Action Lawsuits.

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