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.

What is “discovery” in a civil lawsuit?

Discovery takes place during the pre-trial process—the phase between when the plaintiff’s case is filed against the defendant and when the trial begins. In a civil lawsuit, the plaintiffs file their case because they believe the defendant has harmed them physically, financially, or otherwise. Civil cases are typically resolved through financial compensation and have a lower burden of proof than criminal cases. 

At its most basic, discovery is the formal process both sides go through to gather information about the case before a trial. Plaintiffs and defendants collect and exchange information and documents through a variety of discovery methods to flesh out their understanding of the case. 

Certain relevant information may be solely within the possession of the defendant and, therefore, unavailable to a plaintiff at the time their case is filed. As such, discovery is crucial to building a case. While discovery rules vary by jurisdiction, the process generally calls for the production of information about “any non-privileged matter that is relevant to any party’s claim or defense.” 

What is the purpose of discovery in a civil trial?

During this process, both sides of a litigation obtain discovery information before a trial and submit that evidence to a judge. But why does discovery matter? 

Discovery is permitted to help attorneys and judges: 

Set up a level playing field. While shock evidence may be common in TV crime dramas, real courts try their best to avoid surprises. Before the trial, both sides should know what evidence is going to be presented, so that they’re fully prepared with a response. Discovery helps prevent anyone from withholding evidence or witnesses from the court and seeks to ensure that both sides have the same information to work from. If both sides are fully equipped with the facts, they are better able to argue more specific legal issues in court. 

Establish the scope of the case. Attorneys will narrow down what a case is about and identify relevant facts, which can keep the process from dragging on. 

Resolve disputes. Discovery is a chance to learn more about your opponent’s case, which can help both parties decide whether they want to continue to trial or negotiate a settlement. 

Analyze applicable legal issues. Based on the facts uncovered during the discovery phase of litigation, attorneys on both sides will conduct in-depth research into the legal issues in question to help them argue their case. 

Streamline the trial. Trials are time-consuming. By establishing the facts of the case before entering the courtroom, plaintiffs and defendants can keep things moving during the trial phase. 

File motions. Motions are written submissions to the court asking the judge to rule on some aspect of the case. They can help attorneys get access to the information they need, narrow the focus of the case, or even dismiss the case entirely. 

Tools of the discovery process

Plaintiffs and defendants have a number of tools they can use to obtain information during discovery: 

Interrogatories

Interrogatories are written requests sent by one party to another asking for answers to specific case-related questions. While each state has individual rules, the number of questions is usually limited. Typically, interrogatories are used to obtain basic information, such as details on people, corporations, facts, witnesses, document locations, and records. The recipient is required to answer in writing and under oath. 

Depositions

Depositions are out-of-court testimony from a witness, taken under oath. They can help plaintiffs and defendants vet a potential trial witness and give counsel the chance to build their case around the testimony. 

Depositions can be written in certain circumstances, but they are almost always taken orally. Oral depositions are usually attended by the witness providing the deposition, attorneys from all parties, and the person administering the oaths and recording the testimony. All parties have a chance to question the witness in oral examination, and lawyers are not permitted to coach their clients. 

In most jurisdictions, information from an oral deposition is not directly admissible at trial, with three exceptions: if the witness admits something that goes against their interest; if the witness’s testimony at trial contradicts what they said in the deposition; or if the witness is unavailable at the trial. 

Requests for admission

In a request for admission, one party will ask the other party to admit or deny a fact—such as the truth of a statement—under oath. A discovery request typically consists of multiple statements that can be admitted or denied and is used to authenticate information and establish basic facts of the case. 

The information provided is binding, but requests for admission are typically not about proving guilt or liability. Instead, it helps the defendants and plaintiffs agree on certain basic facts (for example, their business addresses) so that they don’t need to be established during the trial. 

Requests for production of documents

This is the most common way to gain access to documents during discovery. One party will ask the other for copies or originals of certain documents or other physical evidence related to the case. Where disputes arise, the parties can ask the court to compel the other side to provide the requested materials, as long as they are related to the case and not privileged. 

In complex, multi-plaintiff litigations, the defendants’ document productions can be extremely large—requiring the plaintiffs’ attorneys to sift through tens of thousands if not millions of documents to find what they’re looking for. 

What information is available through discovery requests?

Any information related to the lawsuit can be obtained through discovery, unless it’s “privileged,” or legally protected. This information can include documents, business information, reports of conversations, witness details, and much more. 

However, several categories of information are protected from discovery. These include: 

• The attorney’s work product, or work prepared by a lawyer for litigation. 

• Confidential conversations between people with a privileged relationship—such as spouses, lawyers and clients, patients and doctors, and religious advisors and their advisees. 

Additionally, the court may prevent the parties from having to produce certain sensitive or private information, including: 

• Private matters that aren’t directly related to the case—for example, religion or sexual orientation. The implementation of this protection is controversial, however, and varies by state. 

• The private information of people who aren’t directly involved with the lawsuit, such as coworkers or family members. 

Depending on the subject of the litigation, the judge might enter a protective order to keep sensitive information that is produced to the parties in the litigation from being shared with non-parties or filed on the public record.

The role of an attorney in discovery

Discovery is one of the single most important aspects of the litigation process. It defines the terms of the case and sets both sides up for success—or failure. A good attorney will have a thorough and nuanced grasp of the full discovery process and will work together with the defendant and the court to make sure your case is on the best possible footing going into trial. 

A good plaintiff’s attorney will also be your advocate—which may include advising you to take a settlement before the trial process begins. Depending on the information gathered during discovery, both sides may agree that a settlement payout is a more effective remedy for the harm caused. 

Questions about what discovery means for your lawsuit? Reach out to our legal team at (312) 261-6193. With over 75 years of collective experience in personal injury, class action, and mass tort law, Wallace Miller attorneys are experts in the legal process from filing to resolution.

Debbie A. Pritts is a legal nurse consultant at Wallace Miller. With over 20 years of clinical nursing experience, Debbie helps attorneys gain a complete understanding of the complex medical aspects of their cases. She is a past president of the American Association of Legal Nurse Consultants and the chair of the American Bar Association Nursing & Allied Healthcare Professionals Taskforce.  

Tell me more about your path to becoming a legal nurse consultant.

I always thought I would be a nurse. When I finished nursing school, I took a job at an inner-city hospital in Pittsburgh. I was assigned to an inpatient unit split with one wing comprised of oncology patients, and the other wing medical-surgical patients.  

I loved oncology. Emotionally it was a difficult floor to work on. At that time, I was a twenty-year-old, beginning my professional experience in the workforce. It was a gynecological oncology unit, so I had female patients and some of them were young mothers battling a diagnosis of cancer. And I remember being overwhelmed sometimes at the sadness of what they were facing in their lives, with their spouse, their children, and their health. It was difficult to deal with, but it was so rewarding to be able to care for my patients and meet others providing them physical and emotional support. 

As a nurse, I found support not only from my co-workers but also my family. I recall my husband one time saying, “Why don’t you just take a job somewhere else that’s not so emotionally draining? You can get a job anywhere.” And I responded, “Because I love what I do.” I just absolutely loved clinical nursing.  

Why did you shift to working in law?

Initially, I received a postcard in the mail offering a course for legal nurse consulting. At the time I put it to the side, thinking I might be interested in the future. Sometime later, while working in a smaller community hospital, I faced a sudden layoff with many of their staff. 

I had no intention of giving up clinical nursing. But the way it played out opened this other door and I realized I enjoyed doing this too. I have always had an interest in research, new treatments, new medicines for my patients, and wanted to learn more. While working clinically, I was also raising a family—it was difficult to get it all done. 

When I worked clinically, I was researching to better myself in my clinical role. Now, I am still learning while working, but the vast amount of knowledge I have gained, in a variety of areas, is just unbelievable. It has been and still is an incredible experience. 

How does your perspective as a nurse impact the way you look at a case?

An attorney is looking at the case from a legal point of view, whereas I’m looking at things from a medical point of view—together we collaborate to discuss all possible scenarios of what occurred. Whether on a medical malpractice, personal injury, or product liability case, we will build the best case for our client. But we are also considering what the defense angle might be—it’s like playing chess. We must anticipate what the opposing counsel’s strategy is and recognize the defensible portion of the case, if there is one, then discuss how to refute that.  

With my experience and knowledge, I can understand and explain the medical events—what should have happened, and what may be a complication or a confounder versus a breach in the standard of care or a fault of a product.

What advantage does that provide when working on a lawsuit?

I frequently participate in our calls with our expert witnesses or treating providers. The attorneys recognize and appreciate the value I bring to these calls, as experts are normally more at ease in speaking with another healthcare professional as opposed to an attorney alone. 

My mind thinks differently than the attorneys’. So when we are speaking with an expert, I think about the scenario of events, or the underlying condition, and I ask questions more intuitively because I understand many of the medical details, while the attorneys might add, “Well, let’s look at this from a legal viewpoint.” I help facilitate the conversation, putting the expert at ease and opening the dialogue to gain a better understanding of the facts. 

Has working in law impacted your perception of the healthcare industry?

I’m always trying to stay current with what is going on in the medical world—new medications, new devices, updates in procedures, reported complaints about devices or drugs—to assist in case development for the firm, and to be an advocate for the public in general.  

I worked in oncology for so many years, and while working clinically, I remember thinking, “Oh my, I can’t wait until there’s another drug on the market,” so that when someone’s first line of chemo was no longer efficacious, there was something else to offer them. The hope of having another form of treatment was always in the back of my mind. 

Now, since working in the legal field, I see how some drugs or devices may have been approved too swiftly, or after approval you think, “How did that ever get approved?” You learn a corporation had maybe not been fully transparent on all results from clinical trials, or maybe trials appear to have been stopped early because they didn’t like an outcome, and that outcome was important for people who might decide to use that drug or medical device. 

This is why I try to stay up on what is being reported, to get an early look for my family, myself, my friends, and people in general. If a family member or friend with a chronic illness calls and asks what I think, is this a new treatment that feels safe? How can I best guide them? Even though I’m not clinically active now, I’m still caring for people, in a different way. 

What do you value most about working in this role?

Being an advocate. A nurse assesses patients’ needs and provides physical care, monitoring, emotional support, and knowledge to educate their patients—but they must also be an advocate for the patient to allow them to make critical decisions that impact their lives.  

For example, if my patient was asked to consider participating in a clinical trial, and by participating it meant she might suffer some unwanted side effects that could impair her ability to care for small children or an aging parent, as a nurse, you have to advocate for your patient—that yes, while it’s very important to participate in clinical trials to further knowledge, not everybody can contribute in that way, and that’s okay. You can find another way to help. 

There are always ways to advocate. I still advocate for people in my current role, for those patients who are now clients of ours, by helping to ease their mind while taking a step towards legal action—which is hard to do. I support and educate our clients and guide them through a process that can be difficult. They have already faced a health issue, and now they have to maneuver through the legal system because of it, which is something they never really anticipated. I play a crucial role in that. I feel like I’m still helping clients and patients, just in a unique way. 

Hear what Debbie has to say about how medical records impact your lawsuit and the importance of organ donation, and learn more about the role of a legal nurse consultant in Debbie’s interview on WGN Radio’s Let’s Get Legal.

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. 

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.

 

What is litigation?

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

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

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

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

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

Understanding legal terms

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

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

 

Criminal Cases

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

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

Why is the plaintiff important in the law process?

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

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

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

What is a plaintiff’s attorney?

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

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

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

How do plaintiff’s attorneys get paid?

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

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

What is the role of a plaintiff lawyer?

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

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

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

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

Wallace Miller: Your plaintiff lawyers

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

The attorneys at Wallace Miller have more than 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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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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