Tens of thousands of people across the U.S. are participating in Roundup litigation after being diagnosed with non-Hodgkin lymphoma. Although the manufacturers continue to insist their product is safe, scientific evidence has shown that use of the herbicide increases the risk of developing cancer. Many juries across the country have agreed that Roundup is dangerous.  

Our team works with people who have been exposed to Roundup in order to give them the financial support they need to move forward. Companies have a legal and moral obligation to create safe products. When they fail to do so, we fight on behalf of our clients to make sure that they’re held accountable. 

From legal assistants to attorneys, the team at Wallace Miller works hard to move our clients’ claims forward and create better safety standards. We combine the legal expertise needed to go toe-to-toe with powerful companies with the dedication, communication, and transparency our clients deserve. 

Your legal team for Roundup lawsuits

Led by Wallace Miller partner Timothy E. Jackson, the Roundup litigation team puts in the work every day to make a real difference in people’s lives. Timothy is a nationally recognized plaintiffs’ attorney who fights not only to achieve fair compensation for his clients, but also to change a system that allows companies to manufacture and distribute harmful products. He works closely with his team to make sure his clients’ voices are heard. 

Working alongside Timothy in the Roundup weed killer practice, attorney Alexandrea M. Messner transitioned from the defense side of the legal field in order to help people more directly through civil litigation. She works hands-on with clients, making sure that individuals feel heard and supported in battles against multinational corporations. 

The Roundup legal team is rounded out by an excellent support staff: 

• Gabriela Lopez (Senior Paralegal) brings her extensive experience managing large-volume litigations to ensure that all cases receive the attention and care they deserve. She oversees all aspects of case management, including discovery, filings, and preparing cases for trial, and assists with case resolution. She also supervises paralegals to ensure compliance with legal protocols and provides them with legal knowledge to better assist clients in every step of the litigation process. 

• Yulissa Izaguirre (Paralegal) assists with case preparation, client communication, and daily case management for the Roundup litigation. She provides the support that clients and attorneys need for a successful case, including sending updates, filing, completing discovery, monitoring deadlines, and reviewing medical records. In every case she works on, she brings dedication, efficiency, and a genuine passion for helping others. 

The team also works with Legal Nurse Consultant Debbie Pritts to gain a thorough understanding of the medical aspects of our clients’ claims. Find out more about the role of a Legal Nurse Consultant on our blog. 

Roundup exposure and non-Hodgkin lymphoma (NHL)

Manufactured by Monsanto and Bayer, Roundup is the most popular herbicide (or weed killer) in the U.S. and is widely marketed and sold in other countries across the globe. Roundup’s active ingredient, glyphosate, has been identified as a probable carcinogen by the International Agency for Research on Cancer (IARC) and studies have shown that exposure to the chemical increases risk of developing non-Hodgkin lymphoma. While the Environmental Protection Agency (EPA) has stated that Roundup has low toxicity in humans, reports have found that Monsanto company executives worked closely with EPA officials and suppressed research showing the dangers of their products. 

As the scientific evidence on the risks of glyphosate exposure grows, glyphosate-based herbicides have been banned and restricted in many countries. While people who work with Roundup in their jobs—including landscapers, agricultural workers, and groundskeepers—are at the highest risk of exposure, people may also develop cancer as a result of Roundup use at home. 

Now, tens of thousands of plaintiffs across the U.S. are filing lawsuits against Roundup’s manufacturers. Cases have been consolidated in federal court in the Northern District of California and more lawsuits have been filed in state courts. 

Confidential, free consultations with the Wallace Miller law firm

Money doesn’t solve everything, but it’s many people’s most consistent source of stress—especially if they’re dealing with medical bills, lost wages, or other financial issues. After a diagnosis of non-Hodgkin lymphoma caused by Roundup exposure, compensation from the companies responsible for the disease can go a long way toward helping people recover and move forward. 

Monsanto failed to protect its consumers from the consequences of exposure to toxic pesticides. From investigating a potential case to readying a case for trial to standing up for our clients in settlement negotiations, our team works every day to make sure they are held accountable. 

The mass tort litigation process is complex, but like any lawsuit, it relies on the presentation of compelling information to support your case. Expert witnesses play a key role in building a strong case for plaintiffs and ensuring that the harm done by the defendant is recognized. 

Wallace Miller attorney Jessica Wieczorkiewicz recently presented on the role of expert witnesses at Mass Torts Made Perfect, a bi-annual conference that helps plaintiffs’ attorneys expand their base of knowledge, connect with other lawyers, and excel as advocates for the people they represent. Co-presenting with Carol Moore from Levin Papantonio and Susan Staggs from Green Law, Jessica shared her insight on what makes a good expert witness and tips for plaintiffs’ lawyers on finding, vetting, and hiring the best witnesses for the case.  

Inside and outside the office, every attorney at our firm works tirelessly to do their best by our clients. Events like these give us an opportunity to grow and share our knowledge with the rest of the legal community. “In the mass tort practice area, you can make a difference in the world on a large scale,” says Jessica. “The ability to make a positive impact on the entire country is amazing.” 

We worked with Jessica to adapt her presentation into this explainer on expert witnesses: what they are, how they function in a lawsuit, and why they’re so important to mass tort cases.  

 

What is an expert witness?

In a civil case, an expert witness is someone who can weigh in on a specific aspect of the lawsuit due to their specialized knowledge. An expert’s qualifications are judged by their specific knowledge, skill, experience, training, and/or education. 

The expert witness’ role is to educate the court (and the jury, if applicable) on complex issues in the case. Depending on the details of the lawsuit, they may be a doctor, engineer, statistician, scientist, or another type of expert. 

The basics of mass tort cases

Like class action lawsuits, mass torts are a way for individual plaintiffs to work together to hold the same defendant or group of defendants responsible for harm they’ve caused to a large number of people. While each mass tort lawsuit is filed individually, they are often consolidated into a multidistrict litigation in order to make the judicial process more efficient and effective for everyone involved. These cases are consolidated for purposes of discovery, but each plaintiff still maintains their individual personal injury lawsuit. 

Examples of mass tort cases include: 

• The paraquat litigation. Thousands of plaintiffs have brought claims against the manufacturers of an herbicide called paraquat, alleging that exposure to this product caused their Parkinson’s disease. More than 5,500 cases have been consolidated in the federal litigation in the Southern District of Illinois, in addition to numerous state court litigations. 

• The necrotizing enterocolitis (NEC) litigation. After studies found that several baby formula brands may be linked to higher rates of NEC in newborns, parents filed claims that were consolidated in a multidistrict litigation. 

• The hair relaxer litigation. Thousands of cases have been brought against the manufacturers of hair relaxer products commonly used by African American women alleging that the products cause uterine and ovarian cancer. These cases have been consolidated in the Northern District of Illinois. 

Why is an expert witness important in mass tort litigation?

In mass tort cases, expert witnesses are crucial for establishing causation between the product, device, drug, or action in question and the harm suffered by plaintiffs. Their testimony applies across the span of the case and to the plaintiffs as a whole—in other words, they’re often speaking on behalf of issues that impact the entire group. 

While other witnesses may be called in a mass tort case, expert witnesses are unique in that they can offer their opinions on key disputes in the case. Their specialized knowledge enables them to assess the facts of the lawsuit and share their point of view on key issues.  

How is an expert witness selected?

An expert witness is selected due to their particular expertise in some part of the lawsuit. For example, a gynecologist may be asked to serve as an expert witness in a case that involves uterine cancer. 

But it’s not always that simple—defendants often look for ways to disqualify the plaintiffs’ expert witnesses from appearing in court, especially if the information they present could swing the case in favor of the plaintiffs. As a result, expert witnesses go through an extensive evaluation at every step of the process. 

Experts are vetted by plaintiffs’ lawyers through many different methods. Lawyers research their credentials, run background checks, speak with others who have worked with them, read their presentations and papers, investigate past cases where they have testified, and more.  

The litigation team will then interview the potential witness. In addition to discussing the details of any prior cases they have worked on, they’ll go over potential conflicts of interest. They will also discuss their availability and associated costs to make sure the expert witness is qualified and able to take on this important role in the case. 

After the law firm decides to hire an expert witness, the plaintiffs’ attorneys work closely with the expert to get them up to speed on the case facts and ensure their opinions pass the legal and scientific standards at play.  Even then, the court can still exclude expert witnesses if it determines that they are not reliable or qualified to weigh in on the case. 

What does expert witness testimony contribute to a mass tort lawsuit?

Expert witnesses can provide valuable input to many different areas of a case. These include: 

• Liability and negligence — Did the defendant act in a way that endangered individuals or fail to make a safe product? 

• Exposure — Were the plaintiffs exposed to the product or action? 

• Causation — Did the defendant’s unsafe product or action cause the plaintiffs’ injury? 

• Failure to warn — Did the defendants have a duty to warn individuals about possible harm? 

• Damages — What harm did the plaintiffs suffer? 

• Life care plan and future damages — What damages and costs are likely going forward? 

In both depositions (sworn testimonies) and trials, witnesses will present and explain their expert opinions. They will undergo cross-examination by the defendants, during which the opposing counsel will try to refute their testimony by attacking their credibility and expertise. 

Establishing reliable expert witness testimony

How can an expert’s reliability be verified? Courts assess reliability and admissibility using the Daubert standard and Federal Rules of Civil Procedure 702. Together, these frameworks help courts assess experts’ qualifications as well as the relevance and basis of their opinion, the reliability of their methodology, and the application of their methodology to the facts of the case. 

Federal Rule 702 

According to Rule 702, a witness may be qualified as an expert by knowledge, skill, experience, training, or education. An expert witness may testify if: 

• Their scientific, technical, or other specialized knowledge will help people understand information or determine a fact of the case; 

• Their testimony is based on sufficient facts and data; 

• Their testimony is the product of reliable principles and methods; and 

• Their opinion reflects a reasonable application of these principles and methods to the facts of the case. 

In other words, an expert can provide testimony if they have specific knowledge that is based on real information, gained through legitimate methods, and applied appropriately to the case. 

The Daubert standard 

The Daubert standard originates from a 1993 U.S. Supreme Court decision interpreting Rule 702. It is intended as a checklist for trial courts to assess the reliability of scientific expert testimony. 

This framework emphasizes how an expert arrives at their conclusions, not just what their conclusions are. It outlines five key factors that judges should consider when deciding whether or not to admit an expert’s testimony: 

• Can the expert’s technique or theory be tested and assessed for reliability? 

• Has the technique or theory gone through peer review and publication? 

• What is the rate of error of the technique or theory? 

• Does the technique or theory have standards and controls? 

• Is the technique or theory generally accepted in the scientific community? 

Expert testimony is often critical in proving key aspects of a case, including the defendant’s liability for causing harm. Rule 702 and the Daubert standard help make sure that this testimony is trustworthy and can be relied upon to make important decisions. 

What does this mean for my mass tort litigation?

Our mass tort team takes care of every aspect of the legal process, from gathering medical records to conducting depositions to settlement negotiations. In the long and complicated trial process, working with reliable expert witnesses to strengthen plaintiffs’ cases is one of our most important roles.  

Every aspect of our practice represents our dedication to our clients’ cases as we fight for the best possible outcome. 

Learn more about our mass tort team

Questions about mass tort claims or looking for more information on your case? Resources on the difference between mass torts and class actions as well as individual case pages are available on our website. 

If you can’t find the answers to your questions online, our team is available to talk about your potential case or current litigation. Contact our office at 312-261-6193 to speak to a member of our team, or fill out an online case evaluation if you think you may be eligible to join a lawsuit. 

Waiting years for your case to resolve can be frustrating. Many mass tort, class action, and personal injury cases are time-consuming and can last years. Especially when you’ve already been waiting to seek justice, it can be difficult to deal with the delay. 

While the circumstances of specific cases have a large impact on their timeline, the overall litigation process is a lengthy one. Factors that generally impact the duration of the case included how complicated the legal issues are, the schedule of the court overseeing the litigation, and negotiations with the defendants’ lawyers. 

From discussing your potential case over the phone to making sure we get your compensation, the legal team at Wallace Miller is always working hard to move your case forward. We are committed to keeping our clients apprised of our progress through consistent updates and communication. If you have questions about your lawsuit, reach out directly to the paralegal on your case or call our main office at (312) 261-6193. 

What is civil litigation?

In a civil case, the plaintiffs allege that actions taken by the defendant harmed them financially, physically, or otherwise. The plaintiff is generally asking for a monetary award as compensation for their injuries or damages. Civil lawsuits include class actions, mass torts, personal injury lawsuits, and more. 

Civil cases can’t send the defendant to jail, and have a lower burden of proof than criminal cases. Rather than proving the crime beyond a reasonable doubt, in civil court, the plaintiff must provide a preponderance of evidence (meaning the allegation is more likely true than false) that the defendant is at fault. (Read more about plaintiff litigation and civil cases here.) 

Elements of a lawsuit

On its most basic level, a lawsuit consists of a plaintiff, who files a complaint claiming harm done by the defendant. That action launches the official court case. The plaintiff might ask for damages (monetary compensation), an injunction (for the defendant to stop or start doing something), or a declaratory judgment (a legal statement of the plaintiff’s rights). The final judgment is made by a judge or jury and may result in legal consequences. 

At any point in the litigation process, the parties can choose to resolve their dispute between themselves in a settlement. Trials are slow and expensive for everyone involved, and so judges often encourage the plaintiffs and defendants to reach a settlement. This can be faster, saves time and money, and may give both parties more control over the outcome (if the case goes to court, both sides are bound to abide by the judge’s decision). 

For these reasons, more than 90% of all legal cases end in settlement. However, it is your Constitutional right in the U.S. to request a jury trial (or waive your right to a jury and be heard by a judge). 

Stages of a litigation

Each court will have a different system of rules, which are further detailed by the judge overseeing the case. However, any given civil lawsuit will generally fall into the same overall process. 

The case timeline is partially determined by the judge. They will set the deadlines and timeframes for each stage of the litigation. Counsel on both sides will often request extensions to deadlines in order to gather more information, and it is up to the judge how much additional time is granted. 

At any point in the litigation process, the plaintiffs and defendants may choose to settle. Settlements are much more common than a case proceeding all the way to court. 

Before filing a suit

Several steps are taken by the plaintiffs and defendants before a lawsuit is filed. Both sides will gather preliminary information on the potential case and may attempt to negotiate a resolution. Plaintiffs’ attorneys may request medical records from plaintiffs’ medical providers in order to validate that they have a claim. 

This is a highly flexible phase of the litigation, as both parties gather information, and can take several months to complete. 

Filing a complaint

In an official pleading, one party (the plaintiff) files a complaint, and the other party (the defendant) files a response. The complaint from the plaintiff’s attorney will describe the damages and/or injury sustained, explain the alleged defendant responsibility, demonstrate why the specific court in which the plea is filed has jurisdiction, list the laws violated, and ask the court to resolve the issue. 

The defendant response usually takes the form of an “answer,” consisting of responses to the complaint’s assertions, or a “motion to dismiss,” which argues that the specified law wasn’t violated or the complaint has other fundamental problems (such as issues with the statute of limitations). If a motion to dismiss is granted to all claims, the case is over–although sometimes the plaintiff is permitted to file an amended complaint. 

This process typically takes a few months, but can run longer. Timelines for how long the plaintiff has to serve the complaint, and how long the defendant has to answer, will vary by state and court. If the litigation goes forward, the court will schedule a conference to establish a general timeline of discovery. 

Discovery and the pretrial process

During the discovery phase, both sides gather and exchange information and learn about the strengths and weaknesses of the case. They are legally required to provide information to each other with the goal of preventing any potential surprises at the trial. 

Information gathered may include records and documents, answers to written questions, statements from relevant parties, expert examinations, and depositions. Both sides will gather witnesses and file motions with the court attempting to narrow the issues at trial or resolve the case entirely. This stage often involves settlement discussions, as both sides attempt to come to an agreement before the trial. 

The discovery stage is time-consuming. In complex cases, both sides must sift through thousands—sometimes millions—of documents, determining what information they need, what information they don’t have, and what additional questions they want to ask. Often the deadlines will be extended in order to investigate unsolved questions or locate additional resources. 

Your day in court

Should the case make it to trial–rather than going into settlement negotiations between plaintiffs and defendants–the case will be heard by a judge and, in some cases, a jury. The evidence will be presented and witnesses brought by both sides will be examined. After deliberation, the judge and/or jury will decide the case and enter the judgment. 

In a jury trial, the jury generally determines both whether the defendant is responsible and how much the defendant should pay. The plaintiffs can also opt for a “bench” trial, or a trial in which there is no jury and the judge makes all case decisions. 

After the trial

After the trial, parties will file any post-trial motions and the settlement–if any–will be distributed to plaintiffs. Depending on state and local laws, both sides may have the option to appeal the case to a higher court. 

Other elements that can delay trials

While many of the delays in the litigation timeline are part of the process, others are due to efforts by one party to slow down the lawsuit in an effort to avoid paying. One of the most egregious examples of this is defendants in mass tort cases trying to push litigation into the bankruptcy court system through the so-called “Texas Two-Step.” 

In the Texas Two-Step, a profitable company facing litigation from consumers shifts their legal liability to a subsidiary, and then declares bankruptcy on behalf of that subsidiary. Because of a loophole in U.S. bankruptcy law, this automatically pauses all lawsuits against the parent company. The claims may be shifted into bankruptcy court, which usually results in lower payouts for plaintiffs. And even if the bankruptcy petition is rejected (as recently occurred with lawsuits against 3M and Johnson & Johnson), the Two-Step can drag the process out by several years. 

Read more about the Texas Two-Step and what Wallace Miller is doing to advocate for your case here. 

Why do class actions take so long?

While class action lawsuits generally follow the standard process of civil lawsuits, they include several additional elements that can increase the length of the litigation.  

During case filing & coordination

After the initial case filing, class actions often go through the processes of consolidation and appointing leadership. This usually occurs in situations where multiple potential class action lawsuits are filed relating to the same issue or conduct.  In those situations, the cases may be grouped together in one district to be investigated more efficiently. If multiple law firms have filed class action cases on behalf of their individual clients, the court is asked to decide which of those attorneys will be appointed to lead the consolidated cases as Lead Counsel, Co-Lead Counsel, or via Leadership Committee. This process may take months to complete. 

After the cases are consolidated and leadership is decided, the plaintiffs’ leadership counsel will often file a consolidated complaint on behalf of the whole group (or “class”). The defendants typically then file a motion to dismiss the consolidated claims, which can take another six months or more to decide. 

During discovery

Discovery in class action cases encompasses not only traditional liability discovery–investigation into the alleged wrong committed by the defendants and gathering the necessary evidence to win the case–but also class discovery. Class discovery involves obtaining the necessary information to show that a class action is appropriate in this circumstance. There are a number of qualifications that must be demonstrated, including: 

• There are enough people for a class action; 
• The members of the class share common questions of fact; and 

• The class interests will be protected. 

Class certification

Class action cases involve an additional, and sometimes lengthy, stage that other types of cases do not: class certification.  In order for a case to proceed as a class action—as opposed to an individual action—plaintiffs must ask the court to “certify” the class.  That process always includes the filing of a motion by the plaintiff, and sometimes also includes the submission of expert testimony on issues relating to the class and its members.  Unless class certification is done as a part of an agreed settlement, the opposing party will oppose certification and likely seek to strike the plaintiff’s experts. The court will then rule on whether the class can be certified before the litigation can move on. 

During settlement

In a single event case, like a car crash or a medical malpractice suit, the client typically receives their compensation relatively quickly. In class actions, however, the settlement process is more complicated. After the settlement negotiations have concluded, the parties will first seek preliminary approval of the settlement. If the court grants that approval, the next step is to notify the eligible class members that they can participate. Those individuals then have a set period of time (often 30 days) in which they can choose to participate (either by doing nothing or submitting a claim, depending on the settlement type), opt out, or object to the settlement. 

After the notice and claims period, the parties will move for a final approval of the settlement. Before granting final approval, the court will ensure that the settlement is in the best interests of the class and deal with any objections by class members. Only after the court issues a final approval order will the settlement administrator begin distributing money to the class participants. This process alone can take months or even years and can be further delayed if objectors seek to appeal the final approval decision. 

Why do mass torts take so long?

In mass tort cases, every plaintiff’s individual story, injuries, and medical history must be investigated. As a result, they typically take longer than single personal injury cases. 

Discovery is generally the most time-consuming component of mass tort litigation. This stage includes both general liability discovery (interviewing corporate employees, finding experts on the product in question, and so on) and case-specific discovery (investigating the details of a plaintiff’s individual injury, medical treatment, and case circumstances). 

Most mass tort cases will also have a few early bellwether trials to help both the defendants and the plaintiffs’ attorneys determine how the litigation is likely to go. If the plaintiffs win most bellwethers, the defendants will likely settle for higher amounts. If the defendants win, they will often still settle, but for a lower amount. 

The size of a mass tort can also impact its litigation timeline. For consumer products such as Roundup or talcum powder, there are potentially tens of thousands of cases, each of which will need to be investigated individually. Finally, during the settlement process, it takes time to negotiate with health insurers and resolve medical liens. 

What are the steps in a personal injury lawsuit?

Single event personal injury cases move more quickly than mass torts or class actions, typically taking between 18 months and two years. In cases like these, which include lawsuits over car accidents, medical malpractice, and workplace bias, the discovery process takes up the largest share of time. Personal injury lawyers will exchange written and oral discovery, interview witnesses and experts, and file motions before the case moves on to trial. 

Personal injury settlements often pay out more quickly as well, because compensation only needs to go out to one plaintiff (rather than hundreds or thousands as in mass torts and class actions). Issues such as plaintiff bankruptcy, dealing with the insurance company, or medical liens may delay the resolution, but the client is usually entitled to their compensation immediately after the settlement. 

Contact Wallace Miller

Whether your litigation takes months or years, the legal team at Wallace Miller has your back. We understand how difficult it can be to wait for justice on your case–and we’ll do everything we can within the system to move your lawsuit forward. From filing suit to resolution, we’ll make sure you know what’s happening every step of the way. 

Questions about your lawsuit? Reach out directly to the paralegal on your case or call our litigation specialists at (312) 261-6193. 

What is litigation?

In legal terms, litigation is resolving disputes via the public court system. Any legal proceeding—whether that is a criminal lawsuit, a civil lawsuit, or a bankruptcy case—is a type of litigation. 

Although often used interchangeably, litigation is not the same as a lawsuit. The term litigation refers to resolving disputes via the legal system, while a lawsuit is the specific legal action brought by a plaintiff against a defendant. For example, in the context of mass torts, each individual plaintiff has their own lawsuit. But each lawsuit is part of a larger litigation about the same alleged defective product or wrongful conduct. 

The U.S. court system is divided into federal and state courts. Federal courts, which include the Supreme Court, the courts of appeals, and the District Courts, oversee cases concerning federal law, disputes between states, constitutionality, bankruptcy, and other country-level concerns. 

While the setup of state courts depends on the state, they generally include a state supreme or high court, a court of appeals, and a variety of trial courts. They oversee suits, including most criminal cases, tort or personal injury cases, family law cases, and cases involving state laws or constitutions. 

In the State of Illinois, most cases begin in the 25 judicial circuits (also known as trial courts) across the state. Appeal cases proceed to the Appellate Court, which is divided into five districts. The Illinois Supreme Court, which consists of seven justices, provides the final judgment on state law. Look up the organization of your state’s court system here. 

Understanding legal terms

Both criminal and civil cases involve a plaintiff (or suing party) and a defendant (or party responding to the complaint). In a civil case, the plaintiff is the person filing the lawsuit, while the defendant is the party against whom the suit is filed. Plaintiffs bring lawsuits in civil court because they believe they have been harmed by the defendant physically, financially, or otherwise. 

Defendants can be business interests, individuals, hospitals, insurance companies, nonprofits, or government organizations. In some cases, many plaintiffs claim that the same defendant or group has harmed them. Cases like these may be filed via a class action lawsuit or consolidated into a mass tort. 

 

Criminal Cases

Criminal cases operate differently from civil cases in several ways. The plaintiff in a criminal case is the State representing the victim (often called “The People” in official documents). At the same time, the defendant is the person or organization being accused of a crime.  

Civil and criminal cases also differ in how they handle the burden of proof, how much evidence is required to prove wrongdoing, and who is responsible for providing it. In a criminal case, the State must prove beyond a reasonable doubt that the defendant committed what they are being accused of. In a civil lawsuit, on the other hand, the plaintiff and the plaintiff’s lawyer must provide a preponderance of evidence—meaning showing that something is more likely true than it is not true—to prove that the defendant is at fault. This usually means it is easier to meet the burden of proof in a civil case. 

Why is the plaintiff important in the law process?

Under our legal system, individuals can seek compensation for damages. These damages may include physical harm, medical expenses, loss of wages, or emotional distress, and lawsuits can also be filed for people who died due to harmful actions.  

Plaintiffs sue for financial compensation, but that’s not all there is to it. Many plaintiffs file claims not only to be compensated for the wrong done against them but also to find answers and prevent the same thing from happening to others. 

At Wallace Miller, we understand that there is more than money at stake in these cases. When someone suffers harm due to fraud or negligence, they often feel ignored, disrespected, or erased. Through the legal process, our attorneys can help plaintiffs pursue justice, achieve some measure of recompense, and prevent the harm from happening again.  

What is a plaintiff’s attorney?

A plaintiff’s attorney, or plaintiff’s lawyer, is simply the individual representing the plaintiff. However, the term is commonly used to refer to an attorney who specializes in representing plaintiffs’ claims against larger interests such as insurance companies, corporations, or hospitals. 

Wallace Miller focuses on this area of the law to make a positive difference in the lives of those who have been wronged. By taking on cases in consumer protection, product liability, employment, environmental and toxic harm, and personal injury, we protect the rights of victims of negligence, fraud, and other wrongdoing. 

The defense attorney or the individual representing the party being sued is on the other side of the lawsuit. The term is also often used for lawyers who specialize in representing defendants. Large companies may have a team of defense attorneys on staff responsible for handling suits brought against them. 

How do plaintiff’s attorneys get paid?

Because they are bringing the suit, plaintiffs and plaintiffs’ attorneys are the active parties in beginning a claim. Depending on the nature of the case, plaintiff lawyers are often paid via a contingency model, meaning they don’t charge their clients anything during the legal process. In these circumstances, the attorneys initially pay out-of-pocket all necessary litigation expenses—including travel expenses for deposition, expert reviews and analyses, testimonies, documentation, records, and court filing fees. Then, if a settlement or verdict is awarded, the attorneys are reimbursed for those expenses and receive a percentage of the award amount as their fee. If a plaintiff doesn’t receive compensation, the attorney doesn’t get paid, and they do not get reimbursed for the expenses they paid out-of-pocket on the case. 

This means that the plaintiff’s attorneys take a financial risk in filing lawsuits. Experienced attorneys are experts at assessing the risk of a given claim and can help the plaintiff understand the situation accurately. Still, there is never a guarantee of a positive case outcome. This system allows average people to access the justice system without paying expensive attorney fees upfront. 

What is the role of a plaintiff lawyer?

In a civil case, the plaintiffs’ lawyers are responsible for representing the plaintiff(s) and fighting for justice on their behalf. Their end goal is to help the plaintiff receive compensation for damages caused by the defendant(s). 

During this process, they research the plaintiffs’ specific situation and the case in general. They build plaintiff files, gather and present convincing evidence, retain expert witnesses, and prepare documents for the court.  

Many cases settle out of court, and in these situations, the lawyer’s goal is to achieve the best compensation possible for their clients. The plaintiff’s lawyer may represent the individual in court if a complaint goes to trial before a judge and jury.  

On a societal level, plaintiffs’ lawyers can also use their skills to hold powerful parties accountable. When the actions of a person, corporation, nonprofit, or government organization cause harm to a large number of people, plaintiffs’ attorneys may represent them in a class action or a mass tort. This not only allows the people harmed to receive some compensation but also discourages these organizations from committing the same harmful actions in the future.  

Wallace Miller: Your plaintiff lawyers

We know that you have many options when considering a legal claim. Our passionate attorneys and professionals have dedicated their careers to pursuing challenging cases and fighting on behalf of consumers, individuals, classes of people, and small businesses against some of the largest companies in the world.  

The attorneys at Wallace Miller have more than 160 years of cumulative experience in the law and have won millions in recovery and settlements. Our firm is nationally recognized, and we are frequently appointed by federal and state courts to serve in leadership positions. Most importantly, we are committed to obtaining justice for each and every one of our clients. 

If you think you may have a claim against a business, corporation, organization, or any other group or would like to discuss your options, reach out to our firm today at (312) 261-6193 or fill out our online questionnaire for a free and confidential assessment in minutes. 

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