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. 

Jessica Wieczorkiewicz is an attorney at Wallace Miller working in mass torts, product liability, and personal injury litigation. She was recently appointed to the Plaintiffs’ Steering Committee in the Suboxone litigation. 

What made you decide to work in mass torts and personal injury? 

In the mass tort practice area, you can make a difference in the world on a large scale. We work on holding large corporations accountable when their actions harm everyday people—the ability to make an impact on the entire country is amazing.  

Many companies are so profitable from product sales that sometimes even when they have to resolve a case—by spending money on litigation, a settlement, or jury verdict—it doesn’t deter them from putting profits over people.  

That’s why the work we do is so important. Hopefully we can get to a point one day where companies act reasonably to begin with and put in the time to ensure their products are as safe as they possibly can be. Plaintiffs’ trial lawyers are at the heart of protecting consumers’ rights and I am proud to be a part of that effort.  

What’s your favorite part of working in law? 

One of my favorite parts of this career is the client contact—connecting with and supporting people who need help. We spend a lot of time investigating and gathering evidence on the defendant company, so when I get the opportunity to learn about a client’s experience, it’s always a reminder of why the work that we do is so important. Hearing the story of a specific client and how their life has been impacted by an unsafe product really motivates you to come back and do this work every single day. 

You’ve worked extensively with the Polish-American community in Chicago. Tell me more about that.

I’m a member of the Advocates Society, which is an association of Polish-American lawyers. Our goal is to help the Polish community in the Chicagoland area. A lot of the work that the Advocates Society does speaks to a common theme within many immigrant communities—people are not always aware that they have legal rights when something goes wrong, whether that involves a product, a medical professional, or other circumstances. I’m passionate about making sure that everybody in the U.S. knows their rights, especially when it comes to consumer products. If a company is going to get the privilege of making a lot of money from a product they sell, they should be held to a reasonable standard of ensuring that their product is safe.   

I’ve found in my work that many times, people don’t realize that they might have a lawsuit they can pursue. I really enjoy being a bridge to help educate on that aspect, especially when there are language barriers involved. 

Congratulations on the Suboxone leadership position! Tell us more about that case.

I’m especially proud of this leadership appointment because this litigation is so important—it goes to the heart of the opioid epidemic that was largely created by “big pharma.” One of my main career goals is to hold these companies accountable when they do not act reasonably and in the interest of the common good.   

Like everyone in this world, big pharma has to face the consequences of their actions, and I’m working one day at a time to ensure that happens. And being appointed to leadership in this case allows me to do just that—substantively work up the case on behalf of clients across the entire country.  

In this Suboxone litigation, we have many clients who were hooked on opioids because of big pharma’s conduct. You have individuals who were leading normal, healthy lives, and then when something happened that required some form of pain relief and they consulted their doctor about it, they got a prescription for painkillers that were basically legal heroin. 

Suboxone comes into play as an opioid dependency treatment—to help people wean off opioid addiction and use. However, the Suboxone film has been linked to significant dental damage due to how acidic the product is and the way in which it’s used. 

What about the Paraquat litigation?

Most products on the market aren’t 100% safe, but consumers deserve to be warned about known risks and informed of the safest manner of use so they can decide whether or not to use that product. In the Paraquat litigation, which centers on a pesticide used mainly in agriculture, we have reason to believe that the manufacturers knew that their product could be linked to Parkinson’s disease. As a result, we have many individuals who now suffer severe injuries that could possibly have been avoided had the manufacturers been more forthcoming about the known dangers and provided better warnings and instructions for use. It’s upsetting to see a company sell a product while ignoring the adverse impacts it can have on people’s health. 

What advice would you give to clients?

Perform your own due diligence when deciding what firm or attorney to work with on your case. Pay attention to who has leadership positions in mass tort litigations. The firms in leadership are the ones that strategize on how to handle the litigation and perform the substantive work in the case—from reviewing documents and taking depositions to working with experts and developing the legal theories of the case.  

Our partners have been doing this leadership work for over 20 years, and our firm has earned a reputation. Defendants and their counsel know who they are dealing with—trial lawyers who know the law, the science, and the damages and will fight for their clients to obtain justice. 

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

To hear Jessica discuss her work on the Suboxone litigation, listen to her interview on the Cases 4 Causes podcast here.

Molly Condon Wells is the first female partner at Wallace Miller. In addition to being court-appointed to leadership in two multidistrict litigations in 2023, Molly works on mass tort cases and the BCBS class action and represents plaintiffs in sexual abuse cases.

What do you find to be the most rewarding element of practicing law?

Actually being able to make connections with clients and knowing that what you’re doing is making a positive impact on their life. For many people, they’re dealing with the worst thing that’s ever happened to them. And to be able to give them some sort of closure or resolution is truly the best part of this job—when you have a client that’s genuinely happy and knows that you did what you could to resolve their issue.

Over your career, what has surprised you about working in law?

Something that I’ve come to find—and I say this a lot to people that I mentor—is that progressing in your legal career is like being in a video game, where you keep mastering different levels. Studying for the LSAT, your first year of law school, taking the bar exam all feel like the hardest thing you’ve ever done. And then you start your career as an associate and you’re like, this is even harder than law school and I’m learning all these things I didn’t know.

The practice of law is constantly evolving and requires unwavering dedication to knowing that there’s always going to be challenges. But assuming that you’re willing to always be learning and to teach yourself how to overcome challenges, it can be a very rewarding career.

How do you approach talking to clients who have gone through difficult experiences?

It’s really important to be willing to listen. Often this is the first time people have really talked to somebody about what’s happened to them, and they just want a safe space to explain what they’re going through. It’s important to have an open mind and listen to people.

There are a lot of firms where partner-level attorneys won’t be the first person to talk to a client. I want to talk to people one-on-one. It’s important for me to understand the case and understand their story in order to effectively represent them.

How do you navigate the process with clients who might not have any prior knowledge of complex litigation?

Really what we do, especially on the mass tort side, is very similar to individual personal injury products liability claims. It just so happens that they’re consolidated with a bunch of other cases to make it easier for the common legal and factual issues to be litigated. We still need to do the same type of investigation for each client. We still have to collect your medical records, understand the underlying issues, and answer discovery. There are complex scientific and legal aspects of the case we have to tackle. The biggest difference is that there are also a lot of other parties involved in the process before it can be resolved, so it requires a lot of patience.

What is it like working with lawyers across the country on these big cases?

Every litigation does it differently, but typically the court appoints who’s on leadership and who works on a case. Last year, I got two leadership appointments back-to-back, which doesn’t often happen. I was appointed as Liaison Counsel in the Tepezza MDL and to the Leadership Development Committee in the Hair Relaxer MDL.

One of my favorite things about working on mass tort and class action cases is that you have the opportunity to collaborate with some of the best attorneys all over the country. I learn a lot from seeing how other people approach issues in a courtroom.

I believe the best way to be a good litigator is to go watch other good litigators. To have the opportunity to see how everyone across the country works, people at the top of their game, is an invaluable experience for anyone at any point in their career, because, again, the practice of law is a continual learning experience.

What other elements have shaped your career up to this point?

Relatively speaking, I’m still early in my career, and I am the only woman partner at the firm. I have encountered both opportunities and challenges because of that, but I have always focused on the wonderful opportunities given to me to help me succeed. When I became a mom, it motivated me to show as the best version of myself both as a lawyer and for my family. Being a working mom is harder than I imagined, but a huge reason why I’ve been able to succeed is that Wallace Miller is a supportive firm and has given me the flexibility to tackle what I need to at home and at the office.

What active cases are you working on?

Hair relaxer is still in the beginning stages—it’s only been a multidistrict litigation (MDL) for the last year. There’s a large team of lawyers from all over the country that are working to move it forward and get the discovery and documents we need. There are other mass torts that I am working on as well—the Paragard IUD MDL in the Northern District of Georgia; the TDF litigation in San Fransisco, California, which concerns HIV medications manufactured by Gilead; and the Tepezza MDL here in the Northern District of Illinois. I’m also working on the Blue Cross Blue Shield class action litigation.

I work on a lot of sexual abuse cases, which I find to be incredibly fulfilling and rewarding work. It is astonishing how many people are impacted by sexual abuse—it happens everywhere from classrooms to the backseat of an Uber. In talking to clients, it’s hard to wrap my head around how pervasive it is and how much victims suffer. I think all the work we do here is important, but this especially is an area that I feel connected to and can see a real difference helping my clients.

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

To learn more about her work on sexual abuse cases, including rideshare cases against Uber and Lyft, click here.

Join us in welcoming Nicholas P. Kelly to the firm

Nicholas P. Kelly joined the Wallace Miller team in 2023. With a background in litigating car crashes, workplace accidents, premises liability, medical malpractice, and wrongful death cases, he focuses on protecting people’s rights.

How did you decide you wanted to be a lawyer?

I have always loved to read, write, and tell stories. I like to argue, and I like to think about things critically.

What is the most interesting thing about practicing law?

I love litigation. I don’t know if it has always been this way for me. Law school was intense—I didn’t have any lawyers in my family, so I had no idea what to expect going into law school. At the outset of my career, I was green and still trying to discover who I wanted to be as a litigator. At some point, maybe a year in, I developed a style, became comfortable, and fell in love with the practice.

I’m passionate about plaintiff-side personal injury litigation because it’s morally gratifying. We’re fighting big insurance companies and corporate giants who dominate the world we live in. I’m fighting on behalf of regular people, whose lives have often been upended and irrevocably harmed, through no fault of their own, by the negligence of another – against companies who prioritize profits over the safety, health, and wellbeing of the public.

Every single case has creative, competitive, and performative components to it. When you’re working up a case, you have the evidence and the facts, and your job is to put together the full picture and bring out the truth.  Asking good deposition and exam questions or being able to work with difficult witnesses is a skill set that takes years to develop. I spend a lot of time reading Trial Guides books, attending continuing legal education classes, and thinking about my cases with an aim toward—almost an obsession with—being the best attorney I can be for my clients.

What has your experience been like at Wallace Miller?

We’ve got a really solid team comprised of individuals who are smart and compassionate and who care about what they’re doing. And I mean that sincerely. From the top down, the partners and associates are incredibly talented, and they have their accolades behind them and they’ve got a rich history of success. Everybody is coming to the table with unique skill sets.

We’re not the stereotypical law firm. Our staff is full of tech-savvy, smart, creative people. I’ve loved working with the whole team—everybody works hard, works well collaboratively, and does a great job.

What advice would you offer people about personal injury claims?

One thing that I think people need to know is that if you’re injured in a car accident or if you slip and fall inside a store, people can sometimes feel a certain reluctance to pursue a lawsuit or a claim because they don’t want to go after another person individually. And the reality is that you’re almost always effectively going after their insurance companies. These are multibillion-dollar companies who advertise aggressively, scare the hell out of us, take our premiums each month, invest those premiums in the market, and then have the audacity to deny our claims when we need them most. They’re making money hand over fist in a multitude of ways, and they make a practice of denying claims and delaying claims to make it difficult for people to get what they need to get back on their feet. There are some attorneys out there who practice unscrupulously. But at Wallace Miller, we care about what we do, and we care about our clients. Ultimately, we’re here to help people.

 

The settlement process in a mass tort or personal injury case can be complicated. Even after the defendant is ordered to pay damages, several factors can still affect your compensation.

These factors can include medical liens, bankruptcies, and estate issues. At Wallace Miller, we’re committed to making this process as transparent, efficient, and straightforward as possible. In this article, we’ll break down subrogation and medical liens—what they are, how they work, and what they mean for your case.

What is a lien?

A lien is the legal right of a creditor to be repaid for a debt via access to the property or assets of the debtor.

There are many different types of liens, including real estate, judgment, and tax liens. For mass tort and personal injury claims, Wallace Miller works with medical lien agreements related to your lawsuit.

What is a medical lien or hospital lien?

In a personal injury lawsuit where you have been compensated for an injury—for example, if your insurance company paid for some of your medical bills through your insurance plan—the party who initially covered your medical expenses may be legally entitled to recoup their cost from the settlement provided. This is referred to as a medical lien or a claim on your settlement award from an insurance company requesting payment for services rendered by your medical institution.

Your insurance company may have paid for medical treatment, surgery, follow-up hospital care, pain medication, or other medical expenses. If these expenses are linked to your personal injury claim, the insurance company is entitled to a percentage of your compensation.

The more of your treatment that your insurance plan covers, the more likely it is that you will have a lien for a substantial amount. Your insurance provider is more likely to file a lien if they have paid for more of your medical care.

Photograph by Pixabay.

What is the difference between subrogation and a lien?

In a personal injury claim, the term lien refers to a subrogation claim—which means that for most lawsuits dealing with healthcare providers, the two terms can be used interchangeably.

Technically speaking, subrogation is a legal technique in which one party takes on the role of another party. For example, an insurance company can take on the role of the plaintiff or injured party to have a right to the settlement money provided by the defendant for medical services.

Because a lien is the right of a creditor, like an insurance company, to receive money from someone’s property or assets to settle a debt, a subrogation lien or subrogation interest is simply the right of a third party to be reimbursed via a personal injury claim or mass tort settlement for medical expenses incurred by the client.

In establishing and overseeing legal procedures, clarifying the distinctions between subrogations and liens is important. However, for the purposes of personal injury and mass tort cases, it is usually clearer and more efficient to use the term lien to refer to the full subrogation interest negotiation.

Who can file a lien in a personal injury claim?

Medical liens in personal injury and mass tort cases are filed by medical insurance companies and healthcare providers. Medicare and Medicaid most often bring them, although private insurance companies can also submit a claim. Under federal and state regulations, liens filed by Medicare and Medicaid must be resolved first, followed by any liens from private insurance companies.

Insurance companies are legally entitled to assert a lien on a settlement to compensate for medical costs. The exact stipulations of these liens will depend on the contract established by the private insurance company.

Why does lien resolution take so long?

The lien resolution process is complicated and can take months or years. Institutions like Medicare require communication via hard copy, and negotiations often go back and forth several times. Private insurance companies often conduct lien resolution more quickly, but under federal and state regulations, claims from public health insurance programs like Medicare and Medicaid must be resolved first.

As a result of regulatory rollbacks and the backlog in processing caused by the COVID-19 pandemic, the process timeline has increased significantly in the last several years. Before 2020, the average resolution time for the lien process in mass tort cases was four to six months. As a result of recent changes, mass tort lien negotiation typically takes a year or longer to resolve. The process for single-event personal injury cases can proceed more quickly, with lien negotiations typically taking between a few weeks and a few months.

This time-consuming negotiation can be frustrating as a plaintiff—especially since the settlement money seems to have already been awarded and is now being withheld by attorneys and insurance providers. Although this is not the case, it’s upsetting nonetheless. Unfortunately, lien agreement resolution is mandated by law for programs like Medicare and Medicaid and is often written into private insurance policies. Insurance companies also control negotiation deadlines, so your attorneys have little control over how long it takes.

If you are awarded a settlement in a personal injury claim, your lawyer will work with you to update you on the status of your lien resolution. Lien resolution does not impact attorneys’ fees, and so attorney negotiations in this process occur solely for the client’s benefit. The team at Wallace Miller is committed to providing you with compensation as quickly and efficiently as possible and maximizing your total compensation amount. We will do everything we can to ensure your case progresses in the system.

Why must I pay my health insurance company for my personal injury settlement?

It can feel unfair that insurance providers can “double dip” by charging premiums for health insurance and then filing liens on future compensation. Some states have begun to pass legislation to limit how insurance companies can file liens or at least streamline the negotiation so that plaintiffs do not wait years to receive their settlement money. However, because liens are permitted by federal law, all law firms must go through the resolution process to make sure no liens are owed.

The best thing to do if you are frustrated by the lien timeline is to contact your congressperson or elected representative. They can advocate for the setup of the lien system to be revisited to move more quickly and fairly for plaintiffs.

Overview of lien resolution

The resolution begins after the settlement agreement has been finalized. Depending on the litigation, the court or settlement agreement may designate a neutral third party to oversee the process.

This lien resolution company will identify if any liens have been filed and determine their amounts. After an auditing process, the company will negotiate with the insurance companies to reduce the lien amount as much as possible.

After the settlement proceeds are distributed, they will work with your law firm to determine a payment plan for the agreed-upon lien amount.

Are medical liens on a personal injury settlement negotiable?

Medical liens are often negotiable, and your personal injury lawyer at Wallace Miller and the lien resolution company will conduct an in-depth audit of the liens asserted on your case and challenge any they believe are not valid.

These may include liens that apply to medical care outside of the time frame of the case, care with incorrect or irrelevant billing codes, and services unrelated to the claim in question. Your representatives will negotiate to waive as many liens as possible and reduce those that can’t be waived to maximize the compensation you receive.

Some insurance companies will accept waived liens, while others won’t—every personal injury case is unique and must be conducted individually.

What is a lien holdback?

The law requires that part of your total settlement award be “held back” or reserved to pay any liens that have been filed. This money, usually held by the defendant, is unavailable to anyone, including your law firm, until the lien resolution has concluded. During the resolution process, your law firm will conduct research to find out if any liens have been filed.

The lien resolution process can take months or even years. To get some of your settlement money to you as soon as possible, Wallace Miller and other law firms will often pay your settlement in two installments. In these situations, the first check does not include the money held back to pay any potential liens. Then, after the resolution process has concluded, any liens will be subtracted from the holdback, and the remaining amount will be sent to the plaintiff. If it’s proven that there are no liens on the settlement, the full amount held back will be paid to the plaintiff.

How are mass tort settlements distributed?

Many plaintiffs are familiar with class actions, in which it usually only takes a few months to receive a settlement after a plaintiff provides their payout information. This is possible because, in class action cases, the suit is filed by a “class” of people under one or a few representatives.

In mass tort litigation, on the other hand, each plaintiff brings an individual case against the defendant(s). These may then be grouped together into multidistrict litigations to go through litigation more efficiently, but they remain individual claims.

Money is often distributed to clients via a global settlement for litigations like these. Each plaintiff in a mass tort litigation receives a copy of the settlement documents, including the offer amount and a release. These must be signed and returned to accept the compensation offer.

A certain threshold of returned settlement documents must be reached before defendants issue funding. This threshold is typically between 80 to 95% of releases. This threshold applies to cases at Wallace Miller and to all cases represented by law firms participating in multidistrict litigation nationwide.

The defendants will not start reviewing claims until that threshold is reached. In turn, lien negotiations can’t begin until this stage is completed. This means that mass tort settlements often have a significant wait time even before the lien negotiation begins.

We know that the lien process can be confusing and frustrating, so our team is with you every step of the way. Wallace Miller’s trained settlement coordinators are available to answer your questions and walk you through lien resolution as your case is resolved.

Questions about your settlement? Call Wallace Miller at (312) 261-6193 or fill out our online questionnaire to discuss your case today.

Glossary

Assets

Something of value owned by an individual or organization. This includes physical assets, such as property, or intangible assets, like intellectual property.

Creditor

The organization or individual to whom money is owed.

Defendant

The party being sued in criminal or civil court. In a civil case, the defendant is the party against whom the suit is filed

Insurance company

A company that issues insurance contracts to provide financial protection against potential future hazards.

Lien

The legal right of a creditor to be repaid for a debt via access to the property or assets of the debtor. A medical lien is a claim on your settlement award from an insurance agency or healthcare organization requesting payment for services they have provided.

Lien holdback

An amount held back from your settlement to satisfy any potential liens.

Lien resolution company

The court or settlement agreement designated a neutral third party to oversee the lien resolution process. The lien resolution company will identify, audit, and negotiate any liens filed.

Personal injury lawsuit

A legal dispute is filed when one individual (the plaintiff) suffers harm and claims another individual or organization (the defendant) may be legally responsible for paying damages.

Personal injury lawsuits are civil cases. Examples may include an individual suing for broken bones as a result of a collision with a drunk driver; compensation for cancer caused by a chemical exposure at a factory; or harm suffered due to a dangerous product on the market.

Plaintiff

The suing party in a criminal or civil case. In a civil case, the plaintiff is the person filing the lawsuit. Plaintiffs bring lawsuits in civil court because they believe they have been harmed by the defendant physically, financially, or otherwise.

Release

The legally binding agreement to resolve the dispute between the plaintiff and defendant in litigation. The release must be signed for the plaintiff to obtain their settlement.

Settlement

An agreement is reached by the plaintiff and defendant before a trial, often including financial compensation on the defendant’s part. Settlements differ from verdicts, which are the official decisions a judge or jury makes after trial proceedings.

When a defendant negotiates a settlement with multiple plaintiffs, they may opt to undergo a course of action that applies to all individual claims. This is called a global settlement.

Subrogation

A legal technique in which one party takes on the role and obligations of another party. For example, an insurance company can take on the role of a plaintiff in a personal injury case to have a right to the settlement award paid by the defendant for medical expenses.

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