Attorney Rebecca Monen

Rebecca Monen joined the Wallace Miller team as a personal injury attorney in 2025. Before becoming a lawyer, she worked in the nonprofit sector for ten years with a focus on youth advocacy. From her nonprofit work to her law practice, Rebecca has dedicated her career to helping people seek justice and move forward from harm.

You initially worked in the nonprofit field. Tell me a little bit about that.

I went to college at IU in Indiana and then I moved to Boston for AmeriCorps, which is kind of like the domestic version of the Peace Corps. That’s how I got started working in nonprofits. I was doing what’s called development, which is fundraising and soliciting new donors and creating events and all of that stuff, as well as marketing communications.

I moved to Chicago in 2011 and worked in nonprofits up until I went to law school, mostly youth-based nonprofits. I focused my career on helping people, but after about a decade in the nonprofit field, I had reached a director-level position, and I felt like I could do more in another field.

I knew that whatever that different thing was, I still wanted to help people. I was a political science major and I’ve always been interested in history and politics. I always wanted to go to law school, but I never felt like that was for me—that was for other people. I don’t have attorneys in my family, I don’t come from “the right side of the tracks,” I didn’t know anything about the legal field. So for me, it always felt like something only other people could do.

But with a whole decade of professional experience behind me, I wasn’t intimidated the way I was when I was younger. I thought, “Well, why not me? I’m smart, I want to do good, I want to learn this, I want to get this degree. The only impediment is me. I want to do it, so let’s do it.” And now here we are.

What was it like making that transition?

It was hard and scary. You really uproot your life. I studied and took the LSAT and did the applications. Then because I was doing the part-time evening program, law school took me four years while also working full time. And then I had to study for the bar. So it was over half a decade for me between deciding I wanted to go to law school and becoming a lawyer.

I’m still young in my legal career, and I’m coming in and having to learn new things—which is exciting, but it’s also scary. With that said, I am glad I waited to go to law school until later. I was a much better student and I have a much better handle on things. And now with more than a decade of experience working with people who do need advocacy and support, I can bring that understanding into the way I want to be an attorney.

How does your previous work in nonprofits help in being a lawyer?

Because of my previous career, I’ve had the opportunity to interact with all different types of people. Working in fundraising meant that I had to communicate with board members and high-level donors, but I was also talking to the people who run the programs and going to their events, and hanging out with the kids we serve and learning how to talk to their parents, and then being able to switch and talk to the donors again about the experience. I learned different ways to communicate the same thing to different types of people and that’s been really useful.

Also, working in the nonprofit space, on any given day it’s pretty much always all hands on deck. Everyone’s doing a million different things at once. If we’re collecting supplies and someone says, “We just had a huge donation, we need everyone to help,” everyone goes and helps. It doesn’t matter what your level is in the hierarchy.

That not only helped me get really organized, but also put me in the mindset that we’re part of a team. I’m always willing to help out, even if it’s not part of my job description. Coming from that background, I’m very community minded. And I’m glad I’ve had other experiences outside of the legal field before jumping in.

What has been the most rewarding thing about being a lawyer so far?

Knowing that I can be a voice for individuals who probably don’t feel like they have a voice or that no one has their back. Something has happened to them and they deserve justice for that, and I can be the access to that justice. I can be the one that helps them.

If someone’s injured, you can’t ever take that back. Money doesn’t undo what happened. But what we’re trying to do is make sure everyone is able to get what they deserve. And if something bad has happened to them, they deserve to be seen and to be heard and to be represented. They deserve access to the care and treatment and flexibility they need to recover, which money makes possible.

Especially right now, I think there’s so many people who feel very hopeless and scared. As attorneys, we can be on the front lines of helping people and defending them. It’s very rewarding to know that our work is directly impacting people in a positive way.

Can you tell me about a time when you thought to yourself, this is making a difference?

I was working on a case a couple years ago of a client who was injured on a worksite. They were working on a train that was down in a tunnel and the train took off unauthorized, and they were on top of the train in the tunnel in the dark. They sustained some physical injuries but they also had a huge amount of emotional trauma.

We met with them and their spouse multiple times, and they were the most lovely people. They were such a good, hardworking family-oriented person. And this one incident almost destroyed all of that, because they’re hurt and can’t be on their feet that long and they have bad PTSD.

But we ended up being able to get their family a very substantive settlement. Obviously that doesn’t make up for their injuries, but it meant that they were set up financially and the children would be provided for. It meant they could take as much time as they needed to figure out their next career steps.

It’s an example of how sometimes really bad things happen to good people, and they need someone to help. You can’t correct the situation, but you can put them in the best position to move forward from it.

What would you say to someone considering reaching out about a personal injury case?

I would say, do it—there’s no reason not to. There are no upfront fees at our firm and consultation is always free. Worst case scenario, a case might not get picked up, but our team will always be happy to talk to you. Even if they can’t help, they can point you in another direction, to someone else who’s better suited for your case, or towards what your next steps might be.

I can understand how it would be intimidating for someone to reach out to an attorney. Maybe they have some shame related to their case, or they feel uncomfortable, or there are sensitive medical issues. But it’s kind of like going to the doctor—the doctor has seen it all. They don’t judge. Attorneys should be viewed in kind of the same way. We really are here to help. We’re here to listen. It’s our job.

Learn more about Rebecca at her full bio page.

David A. Neiman joined the Wallace Miller team as a partner in December 2024. Focusing on mass tort and class action litigation, he works to make sure that everyone has fair opportunities and equal access to justice. He is currently serving on the Plaintiffs’ Steering Committee for federal hair relaxer litigation and on the Plaintiffs’ Executive Committee for the parallel state court hair relaxer litigation in Cook County, Illinois.

What was your path to working in law?

The decision to concentrate my practice in personal injury and consumer protection law has been driven by a desire to help and do something that will better my community. Starting in high school, I was active in charitable organizations, volunteering both during and after school with my classmates that had developmental disabilities. That led to involvement with a wonderful organization called Lambs Farm, a non-profit organization dedicated to helping people with developmental disabilities lead productive, happy lives.

My legal work is driven by the same desire. I’ve been very fortunate in my life, but I realize that not everyone has had the same opportunities. And so it’s my goal to level the playing fields by giving everyone, regardless of their background, access to our judicial system in their time of need.

How do you seek justice in personal injury, mass torts, and class actions?

Oftentimes we get introduced to clients who are at a low point in their life. Almost always it’s a situation that’s beyond their control, and almost always it’s a situation where, whether or not people like to ask for help, it is needed.

And although we can only provide a limited scope of help—explaining the legal process and navigating the murky waters of a lawsuit—we’re able to try to bring some clarity to their pending legal action and, in the end, hopefully make the future a little bit more promising for them and their loved ones.

You have a strong background in the legal field. What has surprised you over the course of your career? What do you think people misunderstand about the law?

Lawyers don’t always have the best reputation. Sometimes because of how they’re portrayed in the media, other times because of successful efforts of tort reform advocates.

But truth be told, the peers that I have been fortunate enough to work with, including those here at Wallace Miller—we really do care about the people that we represent, and the advocacy that we provide to our clients is sincere and real. It’s based on a real legitimate interest in helping our community and our clients. We want to benefit everybody who’s been impacted by the preventable injuries sustained as a result of someone else’s negligence or intentional conduct.

Are there specific moments in your work when you feel like you’re making a difference?

To me, justice is not always success in a courtroom. It’s providing the understanding to a client that through our collective efforts, we’re creating a safer and better world for everybody. With some of my clients, not only have we had success in court, but we’ve seen success in the state legislature, passing laws that protect people. And you can see, through the efforts and through the hardships that people have experienced, there’s been a tangible outcome that’s making our community a safer place.

In your experience, what makes a good plaintiffs’ lawyer?

There are a lot of typical answers. I think that a good lawyer can have a variety of different attributes, and I don’t think that it’s ever one person that makes or breaks a case. It’s a team of lawyers with a variety of different personalities and skillsets that move the case forward.

Throughout my career, one thing I’ve learned is the importance of a team approach. Anybody who thinks that they can singlehandedly take on some of the biggest companies in the world and defeat them—that’s someone with a huge ego. And if that’s not in check, it can be dangerous. The types of cases that we work on require a variety of different skills, and I don’t think it’s possible for one person to possess them all. And so, in order to be successful, you have to realize your strengths and your weaknesses and put together a team that allows people to work together to provide the best quality service to the clients that we have the honor to represent.

You’re currently working on the Plaintiffs’ Steering Committee for the hair relaxer litigation. Tell me a little bit more about that role.

For the hair relaxer case, we’re working in two parallel proceedings. With the sheer size and scope of the multidistrict litigation in federal court, the courts have consolidated matters before a single judge and selected a smaller group of lawyers to do work that all plaintiffs can benefit from.

I was honored to have been appointed to the Plaintiffs’ Steering Committee and the Marketing Committee for the federal lawsuit, which means I am one of the lawyers who gets to get their hands dirty and do some of the work that benefits the greater group as we move through the litigation.

I’m also on the Plaintiffs’ Executive Committee for the litigation in Cook County, Illinois. In that capacity, I’m often involved in handling communications with the court and with the defendants, and I’m doing a lot of broad administrative work that’s getting us ready through the litigation process and hopefully at some point ready for trial.

The end goal is to get a just resolution for our clients. The shared experience of being appointed to leadership in both state and federal court has been really rewarding—I feel like a pivotal part of the process as we get these cases through the system.

You joined Wallace Miller as a partner a few months ago. What made you want to work at the firm?

One of the things I mentioned before about what makes a good lawyer is teamwork and a team approach. I was honored to have the opportunity to work with Edward Wallace, Mark Miller, and Molly Condon Wells on the hair relaxer litigation, and what really impressed me was the way that the firm approaches these cases. I think that my personality and skillset match up with those lawyers particularly well.

In addition to that, I had the pleasure of meeting other firm lawyers through our joint efforts in legal organizations including the American Association for Justice. After working with all the impressive lawyers and staff at the firm, I’ve come to really appreciate their views, their perspectives, and the way that they approach their cases. Joining the firm was a great opportunity for me. And so, when the opportunity was presented, I jumped at it.

What do you do outside of work that informs your career?

Charitable work and volunteering are things that I’ve been interested in for a long time. As I said before, I’m very proud of where I came from. Both of my parents are business owners, they’re independently successful, and they provided me with a number of opportunities. I was very fortunate to be in a position where I could succeed in high school, get a college education, and then go to law school. And I had really good role models and people who guided me through that process.

I am very aware that not all people have had the same opportunities as me, and I feel that it’s my job to do what I can to level the playing field. This motivated me to join a legal aid clinic early on in my career that had just started in Highland Park. Years later, I became Chairman of the Board of that organization. It was an honor to see a small legal aid clinic grow and blossom and I take great pride to have been affiliated with that organization.

Most recently, I’ve been involved with Lambs Farm. Lambs Farm is a campus for developmentally disabled adults that provides housing, recreation, employment opportunities both on and outside the campus. It’s a really great organization that’s been around for a very long time, and I want to make sure it stays around for a very long time.

As a lawyer, you’re only as good as your willingness to learn and improve. So, in addition to charitable work, I make sure that I’m involved in legal organizations that help me to continue to do the work for my clients at a high level. With that in mind, my work for the Illinois Trial Lawyers Association (ITLA) and the American Association for Justice (AAJ) is really meaningful to me as well. Aside from providing myself and other lawyers with educational opportunities, these two organizations do a ton of lobbying on the state and federal level. There are always forces outside of our control that try to enact legislation that would inhibit our ability to protect our clients and retain the right to trial by jury. So, I’m really proud of the work that I do for those organizations, because I really do think it’s impactful and makes a tangible difference to how we function as a society and as a business in the practice of law.

Learn more about David on his bio page. Interested in working with Lambs Farm? Find out more on their website.

Attorney Kathleen B. McGivney joined the mass tort and personal injury teams at Wallace Miller in 2024. Through plaintiffs’ litigation, she works to make sure that individuals harmed by the actions of others get a chance to tell their stories and fight for compensation. She currently works on the hair relaxer, paraquat, and Suboxone litigations. 

What made you want to be a lawyer?

I always knew that I wanted to be a lawyer. I don’t think I ever wanted to be anything else, you know, a journalist or a detective—I come from a family of lawyers, and specifically the women in my family inspired me to want to become a lawyer. 

My mom, who grew up in Chicago, was the first person in her family to go to law school, which inspired other family members to go as well. It was notable that she not only got her college degree, but also decided to go onto law school and try to break into this field that was pretty much dominated by men at the time.  

I’ve always admired my mother’s work ethic in addition to her ability to raise two daughters—she knew what she wanted to do, and she did it. And I found that to be a helpful path, to follow in her footsteps.  

Was your experience during law school different from your mother’s experience?

They were totally different. Both of my parents obviously encouraged my sister and me to work hard, but now on a societal level, women are encouraged to go and conquer the world. And back when my mom was on the same path, many women didn’t even go onto college. It just wasn’t encouraged at the time. And so she and other women like her really cleared the path for younger women like me to make it and enter the field. 

She does a different kind of work than me, she’s an attorney for the state government. But she gets it and often has good advice for me about how to handle certain day-to-day issues that come up in the field.

How did you end up working in mass torts and personal injury?

In law school, the firm I worked at specialized in personal injury and medical malpractice. I got a taste not only for litigation and big cases and trials, but for plaintiffs’ work specifically. I really enjoyed the fast-paced nature of it, and I loved the people I worked with.

I got to assist with a few trials, and I liked the thrill of things changing at the last minute, or the judge having a set understanding of the law and having to change their mind. And the outcome was positive in those trials, so we were able to help people get justice for themselves and their family after something terrible had happened to them. It’s fulfilling to be able to help provide that sense of closure.

I always knew I wanted to be a lawyer, but that solidified for me that I wanted to go into litigation and be in the courtroom. 

Why do you think mass tort and personal injury is important?

Sometimes when bad things happen to people, it’s not necessarily anyone’s fault. But when it is, it’s important for us as a society to help the people harmed to get compensation and have their case heard in court. It’s important for people to be able to tell their story.

It’s a very good part of America—the strength of our justice system, specifically our civil justice system. In a lot of cases, the best way you can hold companies and powerful people and organizations accountable is by fighting for financial consequences.

How do you stay motivated when working on difficult cases?

It’s important to have a sense of perseverance and moving things forward. As lawyers, we can’t prevent the things that happen to people—we respond after the fact, after the terrible thing has already happened. And that can be heavy at times, but it’s important to remember that we need to keep moving forward. We need to see what we can do for these people now. And that’s the goal, at the end of the day—to keep moving things forward for our clients and their families.

To find out more about Kathleen, check out her full bio page here.

Edward A. Wallace and Mark R. Miller founded the Wallace Miller law firm on November 1, 2021. Prior to that, they worked together for almost two decades across class actions, mass torts, personal injury cases, and appellate advocacy. We sat down with them to learn more about how they started the firm, the work that goes into successful plaintiffs’ advocacy, and what motivates their legal work. 

 

Edward, you built your law practice in mass tort and personal injury. Was there a case or moment that stands out to you as crucial to your career?

Edward: I had an interesting journey, because I worked at a relatively large defense firm on all types of cases, defending companies and professionals. I was mentored by some phenomenal lawyers, some that I still have as friends and hold in the highest esteem. I give them a ton of credit for working with me and mentoring me in all the right ways. 

But I knew that I wasn’t the right fit for defense, and that I wanted to be on this side of the law, bringing cases on behalf of those who, in many cases, could not otherwise afford representation.  I also liked the idea that a plaintiffs’ lawyer could hold people and companies to account for their wrongdoing. And then I got that opportunity, beginning in February 2000, to work on the plaintiffs’ side. Being thrown into very challenging cases and given the opportunity to figure out some of it for myself allowed me to gravitate to where I am.

Mark, you’ve worked on diverse types of cases over your career, from mass torts to class action to appellate advocacy. Where did you start out, and how has your role evolved?

Mark: With me, as with most attorneys, your approach to cases in the beginning is, both by necessity and by function, more project-oriented. As a young attorney you’re given tasks to do, you try to do the best that you can on those tasks, and you don’t necessarily have a say in the big picture or in larger strategic decisions in a case. 

But as you get more gray hair and as you’ve been a member of the bar and doing this type of work for longer, you get to have more of a say in the general strategy of cases—and the practice group in general, as opposed to just concentrating on doing the job. And at this point it’s both a blessing and a curse to be in a position where I’m not only doing the day-to-day stuff—because some of that is very interesting—but it’s also nice to be able to rely on other people to help you. 

How were the two of you first introduced?

Mark: I was introduced to Ed at our former firm through a law school colleague and friend.  I took the meeting because I saw it as an opportunity to do interesting, complex, and meaningful work. At the time, I was working on the defense side and felt like I was sort of in a rut from handling the same type of case over and over and over again. 

And in the end, joining Ed turned out to be what it was promised to be, in that it was a chance to work on high-stakes, nationwide, complex litigation. You’re still a smaller cog in a bigger machine in this type of practice, but you know what you’re fighting for is important, and you have the opportunity to try to bring about some good. 

Edward: From day one what impressed me, and I tell people this all the time, including all our new hires, was that Mark would show up at seven dressed in a suit and tie, and stay dressed in a suit and tie until at least seven that evening. That was back in the days when you couldn’t go home and do remote work. 

And from day one, what he had was a quiet strength that I can only wish I had. He was incredibly substantive and careful and thoughtful, and I respected that. I felt very comfortable when he was given significant responsibility at the firm, because I could rest easy knowing that our clients were in good hands. 

There’s no better feeling as a lawyer entrusted with something than to be able to turn to another lawyer and know that they’ve got it covered as well. And not only do they have it covered, but they might see it in a different way or a better way for the client. I could really rely on Mark for that, and I can rely on him for that to this day. That’s what I saw in him, and that’s what I consider partner material. 

You were both partners at your former firm. What made you realize that you could effectively start your own firm together?

Edward: Mark and I were friends, and also, at the end of the day, we saw enough differences in each other that actually turned out to be complementary. Mark could see pieces of a case that I couldn’t, and vice versa. And when you put those two things together, it leads to mutual respect, and ultimately it’s better for the client. And so for me, when I was deciding what the next chapter of my career was going to be, it was a very easy decision to see if we could make it work. 

Mark: And when I found out that Ed was leaving the old firm, I reflected on the fact that throughout the 15 years that I’d been working there, the cases that I most enjoyed working on and the moments that I relished the most as an attorney were on cases where I was working hand-in-hand with Ed. So, it seemed like the natural thing to do, to reach out to him and to see if I could join him on his next journey. 

What would you say makes your counterpart a good partner? What have you learned, working with each other as leaders of the firm?

Mark: I’ve worked with Ed for 18 years now, so this isn’t something that I’ve only realized in the last three years. But what makes Ed a great partner to work with is his diligence, his creativity, his ethics and hard work. He’s one of the most straightforward people that I’ve known, to other attorneys, to opposing counsel, to juries, to everybody. He’s always there for the firm, and always has a reasoned and intelligent response, no matter what the situation. 

Edward: I’m glad you feel that way, Mark, and that’s awesome to hear. I would say that Mark gives me the freedom to be creative and sometimes think wildly out of the box. And then he’s able to challenge me in ways that allow me to see other lanes on the highway that ultimately lead to a better result. That’s massive. 

Second, when I talked earlier about his quiet strength—I know he’s got it covered.

And last, because we’re humans, we are far from perfect. Forgiveness probably comes more from him towards me, because I’m probably the one that’s a little out there sometimes. He can forgive me when we encounter challenges. And because of his example of forgiveness, there’s a certain amount of humility that allows me to have, while still having the freedom and the rope to do it. 

Mark: At the end of the day, in any good partnership, you’re looking for somebody who has personality traits that complement yours, and who can step in and accomplish things you could never accomplish on your own. That’s the heart of a partnership. 

What was it like in the first days of Wallace Miller?

Mark: When I joined the firm, I had no idea how much administrative work is involved in getting a law firm off the ground, so the very initial days were blissful ignorance. But that changed pretty quickly. 

It’s been three years now—it’s amazing how much work there was to do, and we’ve come to understand how much work is still to be done. But we’re in a position where we have a better viewpoint to see the bigger issues and what needs to be done and where we’re going. 

You started this firm with a core group of people that you’d both worked with for years. What has it been like, growing from that to more than 60 employees today?

Edward: The thing that kept me most comfortable in some pretty trying times at the beginning was the fact that there was such a good foundation of people around us. We knew they saw things the same way we did, and not only had a vision, but would also do the hard work to create that vision. That really helped us. 

We want to make sure that the initial commitments that we all made to each other can still be kept, even when we’re adding new people. 

Mark: I never thought that we’d grow at the rate we have. But it’s been a natural progression based on the influx of cases and the need to support those cases and do the best we can by those clients. 

You do your best to keep the culture that you have. One of the reasons I joined the firm was a culture where everybody respects each other and works well together. When you grow to the size the firm is now, it can be hard to maintain that. But you build it on a strong foundation, where you know that the people you started the firm with share that culture and share those beliefs. You do your best to hire people who echo that, and you hope that you don’t get large enough where you lose it. 

But it’s something we work on daily. We do our best to make sure that our core beliefs are held by everyone else that works here. And I think we’ve done a good job of that, but we’ll keep checking in. 

What advice would you give to someone starting their own practice?

Edward: To have the appropriate amount of insanity to think that you can really do it. And that once you do it and you’re entrusted with that responsibility, to make sure you carry it through. If you’re going to go, you better go all in, because there’s a lot of people counting on you. 

Mark: I’d echo that, and also say—remember that it’s not just about you and your practice, it’s about putting your clients and the people you work with first.  

Was there a moment that made you pause and think, “We’re building something extraordinary here”?

Mark: For me, that’s the Huskey verdict in the transvaginal mesh MDL in the Southern District of West Virginia. It was a bellwether trial in the transvaginal mesh litigation involving a product type that most other attorneys in the country were not willing to take to trial. And with the great work of our co-counsel we stepped up and did it, and we were able to obtain a jury verdict for a deserving client and her husband. And then we were able to uphold that verdict on appeal in the fourth circuit.  

And through that we were able to, in my opinion, change the course of the litigation and provide the opportunity for tens of thousands of women to obtain a better value in those types of cases. That trial was long ago at our former firm, but it embodies what I think you are asking. 

What’s next for Wallace Miller?

Mark: I’m looking forward to continued growth, both in the practice areas we’ve traditionally focused on and the new areas we and our colleagues are pursuing and building. I’m looking forward, of course, to success in our clients’ cases, but also to the other attorneys at the firm growing and taking on greater responsibilities. 

As a firm, I think there are fantastic things coming and the people we’ve assembled here are more than capable of all the growth that we plan and hope for. 

Edward: I’ll end it on a funny note and say that if and when I decide to pass the Xbox controller to the next generation, I hope the outcome is better than the transfer from Urban Meyer to Ryan Day. But I plan to be here for a while and Ryan Day isn’t, so it’s all good.   

Learn more about Mark’s and Edward’s backgrounds in their attorney bios and check out Edward’s interview on WGN’s Let’s Get Legal.

Julia Ozello joined the Wallace Miller team as an attorney in 2024. She focuses on consumer protection, antitrust, and class action litigation and is currently working on the Blue Cross Blue Shield, Subaru, Fair Labor Standards Act (FLSA), and Ford transmission cases.

What was your path to practicing law?

“I went to Case Western for law school, mainly for their international law program. That was the intent at the time—but Covid changed things. 

My favorite classes weren’t necessarily lecture based classes—I enjoyed the International Law Lab and the Death Penalty Lab. The labs at Case Western are basically practical writing seminars. An outside source comes to the professor and asks for a memo or a brief, and the professor gives the project to one of their students. Those are the classes that stick out for me- they were very useful experiences in terms of working for an attorney while in school, as well as writing.

I graduated in May of 2020. Normally you would take the bar in July, but because of Covid I couldn’t take it until October, and the admission ceremony did not take place until 2021. 

Soon after I was admitted to the bar, I ended up getting a job at a nonprofit doing consumer protection work. I was initially hired to work on mortgage and foreclosure issues, but I ended up working heavily on the new (at the time) Early Resolution Program to assist pro bono litigants in defending themselves against debt collectors. Through that process, I often interacted with the court systems and worked with clients to defend and settle their cases. That was a good fit for me and eventually I moved to a consumer protection law firm to do similar work. 

I’ve been doing various types of consumer protection since law school. I mainly worked in criminal defense during law school because I found it really interesting and you see how much it matters, similar to the type of work we do here. But being a criminal lawyer is incredibly hard, both mentally and physically. This is different work, but it’s been a relatively smooth transition. And it worked in that I was able to find something that is both interesting and fulfilling. 

What does consumer protection mean?

Basically, if you have an issue with any product, or a product is not performing the way you thought it would, you may have a claim against the manufacturer or seller. It could be cars, it could be solar panels, it could be something you bought at the 99-cent store. It could be related to price fixing, someone changing the prices on you, or someone charging you more than they should be. It’s a really broad area of law. 

You mentioned the 99-cent store. Why does litigating issues with such small amounts of money matter?

The defense side brings this up a lot, because there are many statutes where the consumer doesn’t need to have actually paid any money to have some kind of claim. Ultimately, a valid claim is a valid claim. You’re holding companies accountable, even for things that feel small. 

For a lot of consumer protection statutes, that’s a big part of the intent behind them. It’s meant to be a deterrent or to protect consumers in some way, such as advertising and marketing regulations. But it’s basically lawsuits like these that protect people from fraud or abuse by anyone who may be trying to take advantage of consumers, whether they’re salespeople, merchants, and manufacturers. 

Tell me more about how that works in practice.

In terms of class actions, there’s a lot of stuff that might not seem like a big deal. For example, within the past few years, there was a case against Walmart about misrepresenting the price of items. As in, you check the price on the shelf and it says three dollars, and then you go to the checkout and scan the item, and it actually says four dollars. 

That might not seem like an issue to the average person, but while each violation might not have a large impact, it does add up—for both the consumer and for the company’s profits. Under Illinois consumer fraud law, it’s illegal to have deceptive pricing practices. What Walmart did was illegal, and it adds up. 

There are a lot of nuanced laws out there that apply to things that might not seem like an issue to a normal person. So, if you encounter something unfair, even if it seems weird or small—if it stands out as a little odd, I would talk to a lawyer about it. Attorneys who work on a contingency fee will look into your case free of charge, so there’s no harm in talking to them. 

What aspects of consumer protection practice do you enjoy most?

I like briefing and I like doing discovery. Briefs are a way of analyzing the other side’s argument—figuring out what they said wrong and what your counterarguments are going to be. That means analyzing their brief, deciding which points you need to address and which ones you don’t, and then figuring out your counterarguments and doing the research to back it up. I like doing that research—of course, it becomes much more stressful when it’s on a deadline, but I like learning new things and crafting arguments.  

That’s where discovery comes in. For discovery, you’re getting into the meat of a case—actually figuring out what’s going on and seeing how that works. You’re really finding out what happened and finding out if you have a good argument. 

Discovery and briefing are usually the most expensive parts of litigation, the most time consuming, et cetera. But you get to be your own investigative detective.  

After law school and your experience at a nonprofit, why did you decide to work in this field?

Working in the area of consumer protection, it feels like you’re helping people a lot of the time, especially on the plaintiff’s side. That’s a big part of it—I feel like I’m having a positive impact on people. I feel like I’m making a difference. 

And it feels good to sue larger institutions that have caused harm. If you’re someone who likes to stick it to the man, for lack of a better term, that can feel very rewarding—it feels like you’re doing something worthwhile. 

How do you stay motivated when a case does get difficult?

Ideally you have a case that, even when things are tough, you still have a good argument. If you’ve been doing your due diligence and keeping up with everything, you’re able to counter the defense’s arguments. You can also get support from your colleagues and from senior attorneys at the firm, and that’s helpful. 

And in any case, you want to keep in mind that justice looks different for each client. You have to listen to your clients’ needs and find out what the best outcome is for them. Sometimes that’s a court case. Sometimes that’s a change in the company’s policies. Sometimes that’s a settlement. That’s also a victory, if it works for your client.  

To learn more about Julia, check out her full bio here.

Reviewed by Matthew J. Goldstein, Esq.

We are excited to announce that Wallace Miller attorney Matthew J. Goldstein has been named chair of the Chicago Bar Association (CBA) Class Action Committee for the 2024-2025 year. Matt will host his first meeting as chair on November 6, 2024 at the Wallace Miller offices.

The Chicago Bar Association’s committees form the core of its legal, educational, and advocacy work. During his yearlong tenure, Matt will help bring together Chicago-area attorneys to discuss the latest in class action procedures, share strategies and best practices, advance legal education, and connect with esteemed professionals in the field.

What is the Chicago Bar Association?

Currently celebrating its 150th year, the Chicago Bar Association is one of the oldest and most active bar associations in the U.S. The CBA has more than 17,000 members including lawyers, judges, law students, and professionals from Cook County and Illinois as well as representatives of law firms from across the country.

Bar associations are location-based groups of lawyers founded to improve the administration of justice, provide legal education to lawyers and to the general public, and connect legal professionals with their colleagues. As one of the most respected bar associations in the country, the CBA makes a major impact on the practice and knowledge of law in Illinois and beyond.

The Chicago Bar Association offers a variety of programming, including:

• Sponsoring education programs to expand public knowledge of the legal and constitutional system.
• Partnering with the Chicago Bar Foundation and Lawyers Lend-A-Hand to provide high-quality, affordable legal services.
• Working to make the bar more racially and ethnically reflective of the city of Chicago.
• Providing continuing legal education (CLE) programs, as well as facilities and services for members.
• Mentoring law students and young lawyers through the Young Lawyers Section.
• Providing public legal services like the monthly Law at the Library events, which offer free, virtual legal advice in partnership with the Chicago Public Library and Evanston Public Library.

The CBA’s Practice Area Committees offer education and insight in specific legal areas, from employee benefits to antitrust law. In September 2024, the CBA tapped attorney Matthew J. Goldstein to serve as the chair of the Class Action Committee for a one-year term.

Matthew J. Goldstein appointed chair of the CBA’s Class Action Committee

Matthew J. Goldstein fights tirelessly for his clients and to change the law for the better. His practice focuses on class action litigation and consumer protection law and he has represented clients in a range of complex disputes in state and federal courts, including a recent appeal before the U.S. Court of Appeals for the Seventh Circuit. Matthew is admitted to practice in Illinois, before the Court of Appeals for the Seventh Circuit, and in United States District Court for the Northern, Central, and Southern Districts of Illinois, Northern and Southern Districts of Indiana, Eastern District of Missouri, Western District of Wisconsin, and Southern District of Texas.

Matthew believes in the power of class actions to make a positive difference, both for individual clients and for the justice system as a whole. “Litigation like we do here, going after these companies, is one way to hold these bad actors accountable and keep them in check,” Matt says.

As the chair of the Class Action Committee for the 2024-2025 year, Matt will help build engagement between lawyers and those outside of the legal field. He will organize the CBA’s class action programming and its continuing education for members and continue to develop the association’s role within the justice system.

The role of the Chicago Bar Association Class Action Committee

Of the 17,000 members of the CBA, 5,000 belong to one or more of the 100-plus committees organized by the association. The work of these committees is at the core of the CBA’s mission of engagement, education, and communication.

The Class Action Committee connects lawyers working on class action lawsuits, improves education in the field, and advances policies that benefit clients and the legal system at large. As chair, Matt will work to build engagement, organize meaningful speakers on relevant topics, communicate with members, and encourage and represent diversity.

This is an exciting position at one of the foremost bar associations in the country, and we hope you’ll join us in congratulating Matt on his appointment. We look forward to continuing to connect with clients and the legal community over the course of his tenure with the CBA.

Learn more about Matthew J. Goldstein and listen to his interview with WGN’s Let’s Get Legal.

Looking for legal advice? Check out the resources available at the Chicago Bar Association website or contact Wallace Miller at (312) 261-6193 to discuss your situation free of charge.

Attorney Kristina J. Anderson joined the Wallace Miller team in 2024 as an administrative mass torts attorney. She focuses on mass tort and personal injury litigations and works with clients to streamline the litigation and settlement process. We sat down for an interview with her to hear more about the her work, her background, and what makes a good attorney.

How did you choose to become a lawyer?

I’ve wanted to be a lawyer since forever. I went to Butler University in Indy, and I did their mock trial program for a year. The year I did it, we went to several competitions, and I won a Best Attorney award at one of them. 

I really wanted to move forward with it, but I was really burnt out on school. So I took five years off and worked at different places. And then I ended up in a focus group for a lawsuit, which made me realize how much I missed it. The way the attorneys asked you questions—I wanted to know more about what they were thinking and why those questions mattered. 

So I went and applied at my last firm as a legal assistant, and I worked my way up through their social security disability department and then moved to focus on personal injury cases. And then I went to law school at night while I worked with their primary litigator full-time. That’s how I got here. 

What do you like most about working in the legal field?

It truly is a field that helps people. That’s why I like mass torts too. Because single event cases—I think it’s a common misconception that single event cases are super hard and mass tort cases are easy. The reality is that to work up a single mass tort case for a bellwether trial and to work up a single event personal injury case like a car crash takes the same amount of work from the lawyer. But in the end, the single event case is only going to get some form of compensation or justice for that one client. Whereas a positive bellwether trial could go a long way to getting a great settlement for 30,000 people or more. 

You’re an administrative mass torts attorney—how do you define that position?

I look at it as someone who’s here with the paralegals, to be not just a resource for them, to help them answer questions that only an attorney can answer, but also to be here for the clients—because sometimes a client just needs to talk to their attorney.  

That’s what my focus is, but it also helps the other attorneys. If I can take away emails from other attorneys’ inboxes, they can focus on doing the work for their cases. 

How did you end up in this role?

Attorneys come from all different backgrounds and experiences. But I think the best attorneys are the ones who were case managers and paralegals first, and then went to law school. Because it’s so much easier to understand what a paralegal is doing day-to-day, which you as an attorney don’t always see.  

Having done that, I think this job is a great fit for me, because I’m able to say to a paralegal, “I get where you’re coming from, I know why you’re asking this. This is the lawyer answer, and this is why.”

What else makes someone a good attorney?

Caring. Not just about your ethical duties or the legal work, but truly caring about the clients. For example, I’ve talked to Sarah* every three months for the last five years. I need to know how it ends for Sarah. And at this point, Sarah knows my dog’s name, and I know where her granddaughter is going to college.  

Seeing it through to the end and making sure she gets that last settlement is important to me. And I think caring about the people is what matters. In the end, it’s what helps me sleep at night. It’s important to know who you’re fighting for. 

What insight does working across litigations at Wallace Miller give you?

I get to talk to clients about all sorts of different issues and help guide them through the process. Ideally, if I’m doing my job right, we can keep things rolling on settlements. There are a lot of places where the process can be made better and simpler. 

Having that person who can walk the clients through basic details as the litigation wraps up makes it so much easier, and it helps us grow. I can predict if we’re going to need another paralegal or another intake person in a few months and that can keep us from being overwhelmed. We just have to watch the process. 

What do you think makes a good law firm?

Definitely caring about the clients, wanting to make a difference—but also how they structure things. Making sure that the people who make the decisions for the firm don’t live in an echo chamber of people who are just going to agree with them because they’re the boss. So having those disagreements and being able to still be on the same side and working towards the same goal is important.  

And having diverse voices in leadership roles really matters, because it makes things so much better for everybody. You have to acknowledge that problems happen, and you’re trying to fix the problems and do good things. You want everybody to feel like we’re all on the same page and we’re all working towards the same goal. 

What advice would you give a new client at Wallace Miller?

I would say please be patient. It’s a long process—in the Camp Lejeune case, the attorney who wrote the law has been working with the same client for decades to try and get justice. And then eventually the law got passed and now, finally, they’re getting their day in court. 

For a lot of the process, what’s happening is that the attorneys are reviewing documents, going through discovery, and getting the evidence we need to build a strong case. That takes time, and effort, and we get a lot of pushback from the defense attorneys. And even once a settlement is announced, we need to figure out how to register everybody who’s entitled to a payout, divide up the money based on injuries, and work with a settlement special master to make sure that the distribution process is fair and as quick as possible. 

Everything takes time, and it’s absolutely okay to call for updates. But please be patient. And please, every time you change your email or your phone number or your address, let us know. 

* Name has been changed to protect client privacy.

Read more about Kristina and listen to her interview on WGN’s Let’s Get Legal on October 12.

Matthew J. Goldstein joined the Wallace Miller team as an attorney in January 2024. He focuses on class action, consumer protection, and antitrust litigation and recently argued an appeal before the U.S. Court of Appeals for the Seventh Circuit in a case challenging predatory lending practices.

What initially drew you to the legal field? 

Well, my high school didn’t have a law club. And so, my friend Josh and I started a mock trial team, and I caught the bug. I thought to myself, this is what I want to do.  

Except for the time I wanted to be a firefighter when I was younger, I’ve never really wanted to do anything else. A lot of my role models growing up were lawyers, and I enjoy speaking, investigating, analyzing, and this is a career where I could do that. Putting these skills to use as an advocate for my clients is one of the great joys of my life.  

I’m also a big history buff, and a lot of important, interesting characters in American history are lawyers. And I don’t think that escaped me as a young kid—I think subconsciously, that was influential. 

What’s your favorite part about working in law? 

I really enjoy oral advocacy—making an argument to a jury or a judge—and the process of crafting hopefully persuasive arguments. I like litigation and I like being in a courtroom—I think it’s a privilege to litigate. And I take being in court seriously.  

I also appreciate having some autonomy in these spaces, which is why I gravitated towards plaintiff-side litigation, and, ultimately, Wallace Miller, which is very nurturing of me and my legal interests.  

And I like working with people. My job allows me to fight for my clients alongside a team of incredibly smart and innovative people—what’s not to like?  

What do you hope to achieve with the work you do? 

To change the law for the better. In recent cases I’ve worked on, three federal district judges—who are appointed by the President by the way—have found for my clients and ruled that certain consumer arbitration provisions were unenforceable for various reasons, including on grounds that the contracts were unconscionable under Illinois law and also unenforceable because they waived state and federal law. I wrote those briefs and argued in those cases, and now we’re making good law.  

The wins are important—and they need to be cherished, because, well, we don’t always win. That’s part of the reason why it’s important for me personally to be at a firm like Wallace Miller. When you’re on a good team, your defeats are tempered by the good people that you work with.  

You are currently working on litigation against a company called ZocaLoans that’s been making predatory loans at illegally high interest rates. Why is that case so important? 

In part because of the sheer number of people to whom these loans have been made. Just from 2018 to 2022, ZocaLoans made about 10,000 illegal loans to Illinois residents. About 300,000 to 350,000 loans were made nationwide during the same period.  

But many states, like Illinois, Virginia, and Maryland, have passed laws designed to protect consumers from predatory high-interest loans. They do this by imposing rate caps that prohibit a lender from making loans above a certain rate of interest. 

In Illinois, for example, a licensed lender cannot make a loan to a consumer at an interest rate over 36%—that’s the ceiling, the maximum they can charge. And if you’re not licensed, you can’t make a loan to a consumer at an interest rate exceeding 9%. And that’s high enough, you know?  So, the loans made by companies like ZocaLoans and Minto Money and many others, are made at interest rates of 500%, 600%, or even 700%, and they are all illegal in Illinois. Period. And for good reason: people get into a cycle of debt, a treadmill of debt, and it really perpetuates poverty. 

Private equity firms often fund and manage these operations even though they have buckets of money already, but they’re not satisfied. And that’s why they’ve branched out into these illegal spaces. The greed is overwhelming, clearly, as being involved at all risks damaging one’s reputation, of course, but also exposes these companies to tremendous civil liability.  

The Consumer Financial Protection Bureau has taken some action—in 2017, for example, they sued Think Finance for making illegal loans and some settlement checks went out recently. But most enforcement action comes from regular people bringing private suits.  Litigation like we do here, going after these companies, is one way to hold these bad actors accountable and keep them in check.  

What other cases are you working on? 

I’m working on a case with Ed Wallace and Mark Miller against Allstate Insurance Company, which is pending in the U.S. District Court for the Central District of California. Our clients are four Allstate Exclusive Agents who Allstate classified as independent contractors but treated as employees under California law. As a result, our clients were forced to pay for expenses that Allstate should have handled. We will move to certify the action as a class action in June. 

What advice would you like to offer clients? 

The same advice I would offer anyone—if you don’t know, ask. People’s instincts are usually right. I mean, if something stinks, there’s often something there. And that’s why we’re here—to take action, to help people, and to do what we can to set the strife in order.  

To learn more about Matt, check out his full bio here. 

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.