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.

Partner David A. Neiman

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.

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. Supreme Court building in Washington, DC. Photograph by Pixabay.

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. 

The U.S. District Court for the Northern District of Illinois is the third-largest district court in the country. Photograph by Carol Highsmith, U.S. States District Court website.

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

Photograph by Pixabay.

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. 

Photograph by Pixabay.

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.  

Photograph by Pixabay.

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.  

Left to right: Nicholas P. Kelly, Edward A. Wallace, Molly Condon Wells, Mark R. Miller, Jessica Wieczorkiewicz, Timothy E. Jackson.

The attorneys at Wallace Miller have more than 75 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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