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How Can a Lawyer Help You After a Car Accident?

If you drive a car or routinely ride as a passenger, there’s always a risk of an accident resulting in severe injuries due to another’s fault. The first notion you need to abandon at that time is that the insurance company is on your side.

You may not know this, but by the time you call your insurer to report a crash, they have already assigned a claim number, flagged you in their system, and started reviewing how little they can pay to make you go away. As “helpful” as the insurance adjuster may sound, in most cases, their goal is to devalue your case from day one.

Lawsuit in a car accident

Benefits of Hiring a Lawyer After a Car Accident in Wisconsin

An experienced personal injury attorney knows that the sooner you seize control of the narrative, the better your chances of obtaining a fair settlement for your economic and non-economic damages. They achieve this through the legal process by:

  • Preserving the dash cam and traffic cam footage, black box data, and surveillance video from nearby businesses before it gets deleted, “lost,” or recorded over
  • Issuing spoliation letters under Wisconsin law to warn the defendant(s) not to destroy evidence, or face court sanctions
  • Coordinating with your car accident injury treatment team to document every step of your care so it aligns with the legal elements of a negligence claim

Another important thing to note is that timing is critical in motor vehicle accident claims in Wisconsin for two reasons:

  • Generally speaking, you only have three years from the date of the accident to file a claim (and two years to file a wrongful death claim if the accident resulted in your loved one’s death).
  • The longer you wait to start legal proceedings, the more time you give the defense to build a case against you and your damages.

Here are some of the biggest advantages of retaining a car accident attorney for strong legal representation.

They Investigate Your Case Better than You Can on Your Own

If you’re getting legal help after a car crash from a full-fledged personal injury law firm, they will have their own team of investigators to gather evidence supporting their clients’ cases. Because an auto accident attorney knows that how well you settle your claim may depend on how well you start it.

In addition to obtaining official crash reports from the relevant police department and contacting any witnesses, they also have the means to recover crash data (speed, braking, steering input) from a vehicle. Your personal injury attorney can send spoliation letters to preserve this data and prevent tampering.

They Build the Medical Foundation for a Strong Legal Argument

In the early weeks immediately following your accident, when you’re feeling overwhelmed by medical appointments, tests, and treatments, your attorney is creating the foundation of your claim.

Documenting your medical records and framing them in a way that directly aligns with legal causation is critical. Your recovery is tracked just as methodically to substantiate ongoing pain and future medical needs related to your injuries.

They Create a Demand Letter That Signals Serious Intent

In the eyes of the law, there’s a difference between having information about an accident and injuries, and putting it together into a persuasive written claim (demand letter) to seek compensation for medical expenses, lost wages, and pain and suffering.

Driver talking on the phone

A demand package prepared by an experienced car accident attorney could mean the difference between a quick resolution and prolonged litigation. This package, sent by your personal injury lawyer to the insurance company, will contain:

  • Liability and fault analysis (documentation concerning who was at fault)
  • Accident reports (police reports)
  • Photos of the car accident scene and the accident location
  • Photos of your injury (and damaged clothes)
  • Witness statements
  • Applicable Wisconsin laws (e.g., the Vehicle Code)
  • Evidence of prior incidents to establish a pattern
  • Medical records related to your personal injury claim
  • Medical billing (a copy of every bill you receive for treating the injury)
  • Copies of your insurance and the other driver’s insurance
  • Documentation showing lost income, vehicle repair bills (car repairs), property damage, diminished earning capacity, and long-term care needs
  • References to recent jury verdicts in similar car accident cases in Wisconsin

The letter also includes a demand for a lump sum to settle your car accident claim.

They Make the Insurance Company Assess Risk

In personal injury cases, the speed at which an insurance company offers you a settlement has nothing to do with the fairness of your claim. Their driving force is cost containment.

Insurance carriers are well aware that the longer they delay, the more they will spend on claim adjusters, legal teams, and court fees. As the expenses pile up, they realize that offering a settlement now (while they can still control the payout) is far cheaper than extending the process.

If you bring in lawyer services for car accident victims to protect your right to compensation, it introduces the possibility of going to trial. The stakes suddenly rise for the insurer. Once they realize that your attorney-backed claim has real value and that you won’t back down without fair compensation, it becomes more cost effective for them to settle early and avoid the escalating costs of litigation.

Consult with a Proven Car Accident Lawyer Today

Approaching your car accident claim in serious accidents like a standard insurance claim is a mistake that could cost you a lot, especially when disputed liability or complex legal issues are involved.

Remember, insurance providers are risk-calculating entities by their very nature. They settle when they’re convinced that the financial risk of going to trial (presided over by a jury of your peers) outweighs the cost of paying you now. In a personal injury lawsuit, a jury could return a verdict that exceeds what they’re willing to pay voluntarily.

So, if your accident has resulted in injuries that have impacted your appearance, physical capabilities, or quality of life, don’t hesitate to reach out to a dedicated attorney for car accident legal advice. At Gingras, Thomsen & Wachs, our personal injury and wrongful death claim attorneys have 35+ years of experience.

We will leave no stone unturned to prove liability and pursue compensation for your injuries and losses. Call us at 855-954-1186 or contact us online to schedule a free consultation today.

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Milwaukee Man’s Legal Battle Over Unlawful Detention Continues After Decade

For Isaiah Taylor, the events of one fateful night in Milwaukee remain as vivid today as they were a decade ago. The emotional trauma of his wrongful detention still lingers. “When I was in the back of that car, I was terrified. I didn’t know if I was going to be taken away or what my end was going to look like,” Taylor recalled.

At just 16 years old, Taylor was crossing Capitol Drive on a cold December evening, carrying a frozen turkey in a brown paper bag to deliver to a neighbor. What should have been an uneventful act of kindness turned into a traumatic encounter when Milwaukee police officers Justin Schwarzhuber and Jasen Rydzewski stopped him, frisked him, and detained him without cause.

Man arrested in handcuffs

Unjustified Stop and Detention

Body camera footage later revealed that, even after confirming that Taylor was simply carrying a turkey, the officers continued to detain and question him. The fear and confusion he felt at that moment were overwhelming.

“All I could do was look back at my house across the street with my porch light still on, knowing my mom didn’t know what was going on,” Taylor said. His mother, former State Senator Lena Taylor, has painful memories of the distressing night. “I remember being in the foyer of the house,” she said. “I remember just holding him for a long time. We just cried together.”

Legal Action Against Police Misconduct

Determined to hold the officers accountable, Isaiah Taylor filed a lawsuit in 2021 against the City of Milwaukee and the officers, citing violations of his constitutional rights. However, a jury initially found the officers not liable, leading Taylor to pursue an appeal in 2023.

This month, the Seventh Circuit Court of Appeals ruled that the officers were not entitled to qualified immunity regarding Taylor’s Fourth Amendment rights, which protect against unreasonable searches and seizures. The ruling was a significant victory in his fight for justice.

Attorney Mark Thomsen: “This Was an Unlawful Detention”

Attorney Mark Thomsen of Gingras, Thomsen & Wachs emphasized the blatant violation of his client’s rights, drawing from the extensive experience within our Milwaukee injury law representation.

“If you don’t have reasonable suspicion that someone has committed a crime, you can’t hold them for even a second,” Thomsen stated. “They ran for the warrant check after they both knew it was a turkey. They were just hoping to fish for something so they could arrest another young man.”

The Seventh Circuit Court’s decision has now cleared the way for a new trial, giving Taylor another chance to present his case and seek justice for the unlawful detention he endured.

A Fight for Justice and Financial Compensation

For Isaiah Taylor, this lawsuit isn’t just about financial recovery—it’s about making his voice heard and holding law enforcement accountable for their actions. “To see if the justice system will work for me and not against me—I’m just happy I get to share my story and tell my truth,” he said.

Taylor hopes that his case will bring attention to the broader issue of police misconduct and inspire meaningful change. His fight is not just for himself but for all individuals who have been subjected to unlawful detentions and violations of their constitutional rights.

Mark L. Thomsen: A Personal Injury and Civil Rights Attorney With a Stellar Record

At Gingras, Thomsen & Wachs, top-rated personal injury and civil rights attorney Mark L. Thomsen has dedicated his legal career to fighting for individuals who have suffered injustice. With extensive experience in both state and federal courts, his practice primarily focuses on personal injury cases, civil rights violations (Section 1983 claims), medical malpractice, nursing home abuse, and legal malpractice claims.

Thomsen’s commitment to justice extends beyond litigation. His work is driven by a broader mission to expand access to justice, uphold constitutional rights, and protect individuals’ fundamental freedoms, including life, liberty, and the pursuit of happiness. Through aggressive negotiation and trial advocacy, he has successfully recovered millions of dollars in compensation for his clients.

Scales of justice with law books in a law office

Leadership and Professional Recognition

Mark L. Thomsen is widely respected within the legal community and holds numerous leadership roles and professional affiliations. His achievements have earned him prestigious recognitions, including:

  • Past-President and Board of Director of the Wisconsin Association for Justice (WAJ)
  • Member of the Wisconsin American Board of Trial Advocates (ABOTA) (2019 to present)
  • Super Lawyers (2005 – Present): A distinction awarded to a handful of outstanding attorneys.
  • Best Lawyers (2009 – Present): Recognized for excellence in legal practice.
  • Martindale-Hubbell AV Rating: The highest rating for professional ethics and legal ability.
  • 2022 WAJ Robert L. Habush Trial Lawyer of the Year
  • 2023 Marquette University Law School Alumnus of the Year
  • 2023 Milwaukee Bar Association Lawyer of the Year

With a career built on aggressive advocacy, a passion for protecting the rights of individuals, and a formidable record of winning large settlements and verdicts for his clients, Mark L. Thomsen is a powerful force in the pursuit of justice. To schedule your free consultation, call us at 855-954-1186 or contact us online.

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Is There a Limit to Pain and Suffering?

When personal injury claims arise from a car accident or another type of negligence, a common question from the injured party is whether they can get personal injury pain and suffering. Victims also want to know whether pain and suffering damages are limited as they seek fair compensation on their personal injury claim.

In personal injury lawsuits, proving pain and suffering is vital for a personal injury settlement. Ideally, if you are in this scenario, it is wise to discuss the unique factors of your pain and suffering case with a Wisconsin personal injury lawyer to determine if you are eligible for a pain and suffering award.

Gingras, Thomsen & Wachs is a law firm that is devoted to protecting the legal rights of injury victims. In this blog post, we discuss pain and suffering as well as the limits that could arise in your personal injury case. You’ll also learn how personal injury attorneys can help you recover compensation for the mental trauma you have endured as a result of someone else’s negligence. 

emotional pain

Understanding How Pain and Suffering Differs from Physical Pain

Physical pain differs from pain and suffering in that it only examines the actual physical injuries resulting from an accident. Pain and suffering includes the mental and emotional pain brought about from the physical injury.

In order to seek compensation for pain and suffering, an injury victim must prove that they have incurred economic damages and non-economic damages from the event. Medical records are typically one of the most integral forms of evidence when seeking economic damages and non-economic damages as treatments can prove the existence of pain and suffering. 

When Can You Get Pain and Suffering Damages?

After a serious accident, it is only reasonable to wonder if you qualify for seeking damages for your emotional suffering caused by the at-fault party. When bodily injury and mental suffering converge, you must be able to prove all elements of negligence in your lawsuit. 

Personal injury cases cannot move forward without satisfying all four of these elements. An experienced personal injury lawyer can help meet these metrics and show that your severe injuries and emotional trauma should be compensated.

First, your lawyer will need to show that the defendant owed you a duty of care. For example, when you are driving, you and every other driver on the road owe one another a duty to drive responsibly and follow traffic laws. If you are an accident victim, you will then need to prove that the other driver breached this duty in some way, such as by texting and driving. You must then prove that the breach caused you harm, which may be both physical and emotional, leaving you with financial losses and other damages.

Pain and Suffering Calculations

In order to calculate pain and suffering, your lawyer will need to assess your case. Calculating pain and suffering first requires understanding your accident and examining the evidence.

Generally, the first thing to consider are all medical expenses which would include all medical bills for each medical treatment you have received. Medical bills for treatments targeting your emotional distress as well as any permanent injuries will also be considered when determining an appropriate pain and suffering amount.

In order to prove pain and suffering, an injured victim will likely need to present property damage expenses down to the dollar amount, evidence of lost wages, and photos or videos of their injuries. If the at-fault party’s insurance company refuses to pay a reasonable value for your case, your attorney will likely consider filing a lawsuit on your behalf to help you get the full amount of compensation you deserve. 

Pain and Suffering Compensation Limits

Since state laws vary widely, you may wonder if there is a limit on pain and suffering damages. Fortunately, in the state of Wisconsin, an injured person will not be limited on their pain and suffering claims except in cases involving medical malpractice, which places a cap of $750,000 on pain and suffering damages.

Determining pain and suffering along with medical bills, loss of enjoyment of life, and other factors is best with the assistance of an experienced attorney. While there is no law that states you must have legal counsel in these cases, the insurance company will likely try to assign partial blame to you for your injuries, thereby reducing your settlement. Even worse, they may find ways to fully deny your claim, leaving you stuck with the expenses caused by the at-fault party. 

MRI for recovery

How an Experienced Personal Injury Attorney Can Help with Your Pain and Suffering Claim

When you have a pain and suffering claim, you should not proceed without competent legal counsel. While you may easily be able to determine the extent of your tangible losses through bills and receipts, it is not simple to calculate the far-reaching impacts of your pain and suffering. 

You will likely need future care for your medical needs, and when injuries are permanent, they can make it difficult to perform essential everyday tasks. Ultimately, you will benefit from having a lawyer advocate on your behalf by calculating the full extent of all your damages and negotiating for the fair amount you deserve after this ordeal.

Gingras, Thomsen & Wachs understands how to effectively negotiate your settlement while preparing for trial from the start. In this way, you will have a strong case that proves the defendant breached their duty and left you with injuries and damages through no fault of your own. Attempting to do all of these things yourself when you should be focused on your physical and mental health can delay your progress in recovery and cause unnecessary stress. 

You can schedule a free consultation to discuss the factors of your case and determine the best course of action for seeking pain and suffering as part of your compensation. 

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Former Milwaukee Bucks Player and GTW Client Sterling Brown Accepts Invitation to Attend President Biden’s State of the Union Address

Former Milwaukee Bucks player and Gingras, Thomsen & Wachs client Sterling Brown, whose 2018 tasing by police led to a settlement with the city of Milwaukee and policy changes in the police department, has accepted an invitation from U.S. Rep. Gwen Moore to attend President Joe Biden’s 2023 State of the Union address.

In light of the recent Tyre Nichols tragedy, Moore’s invitation aims to send a message to the President that ongoing police brutality requires immediate attention and action.

Brown was tased by police in January 2018 after what reportedly began as a parking violation. Body camera footage from the incident showed that Brown remained calm and polite in his interactions with officers before they took him to the ground and arrested him. No criminal charges were ever made against Brown.

Brown and his lawyer, GTW partner Mark Thomsen, filed a federal civil rights lawsuit against the city in June 2018, claiming that Milwaukee police used excessive force in violation of the Fourth Amendment.

More than three years after the incident, in 2021, the Milwaukee Common Council voted to authorize a historic $750,000 settlement in the case. As part of the settlement, the city of Milwaukee promised to modify its police department standard operating procedures (SOPs) and introduce a “discipline matrix” to ensure meaningful consequences for violations.

Rep. Moore and Sterling Brown hope his presence at the State of the Union address will continue to spark meaningful conversation about policing reform and lead to systemic, long-term change.

Read the final settlement status report and revised MPD standard operating procedures here.

Read more about the model for change here.

Additional News Coverage:

https://cbs58.com/news/congresswoman-gwen-moore-invites-sterling-brown-to-state-of-the-union

https://www.jsonline.com/story/news/local/2023/02/02/former-bucks-player-sterling-brown-to-attend-state-of-the-union/69867751007/

Related GTW Updates:

https://gtwlawyers.com/blog/milwaukee-common-council-approves-historic-settlement-in-civil-rights-lawsuit-filed-by-former-bucks-guard-sterling-brown-and-gtw-partner-mark-thomsen/

https://gtwlawyers.com/blog/bucks-guard-sterling-brown-authorizes-gtw-partner-mark-thomsen-to-sign-historic-settlement-in-civil-rights-lawsuit-with-the-city-of-milwaukee/

https://gtwlawyers.com/blog/sterling-brown-civil-rights-lawsuit-gcw-2/

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Judge Rules in Favor of GTW Client Isaiah Taylor After Unlawful Detainment and Racial Profiling Incident Led to Civil Rights Lawsuit

A federal magistrate judge has ruled in favor of Gingras, Thomsen & Wachs client Isaiah Taylor, who was detained and questioned as a minor while he was attempting to drop off a frozen turkey for one of his neighbors for Christmas.

At about 7 p.m. on the night of December 21, 2015, police officers Justin Schwarzhuber and Jasen Rydzewski observed a young African American boy — later identified as Taylor, the son of State Sen. Lena Taylor — run across the street holding what appeared to be a bag.

As Taylor passed the squad car, the officers turned on the squad’s lights and ordered him to stop. Taylor immediately complied and was given a pat-down search. The search did not uncover a weapon. Instead, it revealed that the brown paper bag Taylor carried contained a frozen turkey.

At this point, the officers did not let Taylor go and placed Taylor in the back of the squad car where he was questioned further and held while they ran his name through the database, hoping to find an outstanding warrant. The officers only released Taylor after the records check came back negative for an outstanding warrant.

Because the officers released Taylor without an arrest or a ticket, they did not write any reports about the incident. The computer-aided dispatch report indicated that the officers stopped a black male for suspicious activity and the whole stop lasted about 20 minutes.

After the family’s concerns about the incident went ignored by the City of Milwaukee, Sen. Taylor urged her son to file a civil rights lawsuit against the two involved police officers and the City of Milwaukee in April of 2021. The family’s attorney is GTW partner Mark Thomsen.

The lawsuit alleges that the officers violated Isaiah’s constitutional rights under 42 U.S.C. § 1983 by keeping him in their squad car and continuing to question him, even after it was discovered he was carrying a frozen turkey in the bag.

“I have been pushing my city to get it right for a long time,” said Mark Thomsen. “The judge was very, very clear that once they knew it was a turkey, they had no right to detain him, arrest him, put him in the car and question him, even though they didn’t handcuff him, even though they were allegedly nice.”

The judge’s ruling that there is sufficient evidence to establish that Taylor’s constitutional rights had been violated is now in the hands of the Milwaukee City Attorney, City Council and Mayor to decide whether the City will continue to use taxpayer dollars to defend the officers or reach a settlement.

“Until my department, my city, insists on training its officers to do the right thing and act in a constitutional manner, we’re going to continue to have unlawful stops,” said Mark Thomsen.

Read the decision here.

Additional News Coverage:

https://www.tmj4.com/news/local-news/1-on-1-with-isaiah-taylor-detained-by-mpd-while-delivering-frozen-turkey-in-2016

https://www.youtube.com/watch?v=r1loJk20xhU

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Gingras Reaches $1.1 Million Settlement on Behalf of Client in Madison Police Misconduct Lawsuit

Gingras Reaches $1.1 Million Settlement on Behalf of Client in Madison Police Misconduct Lawsuit

Partner Bob Gingras of Gingras, Thomsen & Wachs was lead attorney on the legal team responsible for securing a $1.1 million settlement on behalf of David Clash-Miller in a federal civil rights lawsuit filed against the city of Madison.

The lawsuit stemmed from a 2019 incident in which Clash-Miller — 17 years old at the time — was slammed against a door and repeatedly punched in the head by one of the officers during a mental health crisis (see video).

Police were first called to Clash-Miller’s home after his foster parents and school resource officer requested a police escort to a mental health facility because he had failed to take his medication and was acting irrationally.

A home security camera captured Clash-Miller’s encounter with the police, but no officers were ever charged or disciplined in the case. An outside agency reviewed the evidence and determined that the officers had acted legally but missed opportunities that could have led to a better outcome.

“Hopefully, it will make the police accountable and thank goodness we had a video in the home,” said Bob Gingras.

While the settlement with the city of Madison’s insurance company did not come with an admission of wrongdoing by the police, Gingras hopes the incident will prompt them to more thoughtfully review standard operating procedures moving forward.

This sentiment was echoed by Madison Mayor Satya Rhodes-Conway back in 2019 when she acknowledged the findings of the outside report and added, “We in the city of Madison aspire to higher performance standards than simply not violating the constitutional rights of those we serve.”

Videos of the Incident

 

Additional News Coverage:

https://www.wkow.com/news/madison-pays-1-1m-settlement-in-case-involving-police-tactics-against-teenager/article_972a172e-410f-11ed-b7d3-13881ad1ca98.html

https://madison.com/news/local/crime-and-courts/madison-man-settles-excessive-police-force-suit-on-day-hes-arrested-on-uw-madison-campus/article_a87d5a42-3673-59d3-aa7b-93a29d35fb9c.html

https://www.jsonline.com/story/news/local/wisconsin/2022/10/01/madison-man-gets-1-1-million-settlement-police-misconduct-lawsuit-david-clash-miller/8140151001/

https://finance.yahoo.com/news/thank-goodness-had-video-madison-185837342.html

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Kinne Files Title VI and Title IX Lawsuit Against Central Minnesota School District for Racist Bullying and Harassment

Attorney Paul Kinne of Gingras, Thomsen and Wachs Lawyers recently filed a lawsuit in federal court against the Rocori School District (RSD) in central Minnesota for actions violating Title IX of the Education Amendments of 1972 and Title VI of the Civil Rights Act of 1964.

Title VI prohibits discrimination on the basis of race, color or national origin in any program or activity that receives federal funding or other financial assistance, while Title IX prohibits discrimination based on sex, sexual orientation and gender identity under any educational program or activity receiving federal funding or financial assistance.

The lawsuit was filed on behalf of Andrea Robinson, a Cold Spring, Minnesota, resident whose children endured repeated instances of racist bullying and harassment while at school.

On multiple occasions, Robinson’s multiracial children were called racist slurs and threatened in classrooms and hallways. They were additionally threatened while riding the bus to and from school.

The lawsuit also cites a specific incident in which a student who racially and sexually harassed one of Robinson’s children and made lynching threats via Snapchat was recognized with a “Rocori Proud” award — after the school district received evidence of the harassment.

When confronted with these examples, RSD showed deliberate indifference. Instead of intervening, teachers and staff targeted the Robinson children for discipline.

“Officials were incredibly dismissive of the concerns and would just instinctively side with the harassers,” said Paul Kinne. “That simply compounded the kind of harassment the kids were facing.”

According to the complaint, numerous officials in the school district had received actual notice that the children were subjected to an offensive and racially hostile educational environment for years. By continuously disregarding the racial harassment, or failing to reasonably intervene to prevent it, RSD allowed the hostile environment to occur, which was in direct violation of Title VI.

Robinson’s lawsuit seeks an unspecified amount of damages to compensate for the economic, physical and emotional losses suffered.

“First and foremost, Andrea Robinson would like to see meaningful change at the school,” Kinne said. “Not just here, but everywhere. She wants to send a message so kids like her kids don’t have to go through this ever again, anywhere else.”

Additional News Coverage:

https://www.mprnews.org/story/2022/01/31/parent-sues-rocori-schools-over-accusations-of-racist-bullying

https://www.mprnews.org/story/2021/05/24/complaints-of-racism-bullying-in-central-minn-school-district-prompt-calls-for-change

https://www.sctimes.com/story/news/2022/01/28/cold-spring-robinson-family-sues-rocori-school-distrcit-failing-respond-racism-harassment-bullying/9254391002/

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Kinne Files Excessive Force Lawsuit Against Four Dane County Sheriff’s Deputies on Behalf of Client Injured While in Custody

Partner Paul Kinne of Gingras, Thomsen & Wachs has filed a lawsuit against four Dane County Sheriff’s Deputies, Wellpath Mental, Medical Healthcare and one of its nurses on behalf of client Jimmie Joshua. The lawsuit states that Joshua’s constitutional rights were violated when the deputies used excessive force, resulting in a dislocated hip, fractured hip socket and nerve damage that required reconstructive surgery.

The lawsuit stems from an incident that occurred on December 23, 2020. At the time, Joshua was positive for COVID-19, so he was only allowed one hour outside of his cell each day. When he was ordered back into his cell before the allotted hour was up, Joshua started arguing with Deputy Isaac Wachholz.

Despite disagreeing with the early lockdown, Joshua did back toward his cell as ordered. Before he was able to enter his cell, Joshua was thrown to the floor by Wachholz.

Wachholz then called for other deputies, and two more entered Joshua’s cell. One of the deputies grabbed and lifted Joshua’s leg. The three of them then threw him to the floor and two of them climbed top of him.

Joshua was in extreme pain and requested that the deputies get off of him, but instead he was told to “stop resisting.” A nurse then checked Joshua’s vital signs, but did not check his hip and concluded that he wasn’t seriously hurt.

The lawsuit states, “Mr. Joshua knew as soon as he was thrown onto the ground by the deputies that he was seriously injured. When he was slammed into the ground on his right side, he felt his hip was broken because he could feel it popping out of his skin.”

Joshua was eventually placed in a restraint chair and moved to a cell on another floor. Once in the cell he was in so much pain he couldn’t move.

When Joshua’s fiancee, Allison Davidson, called the next day, Joshua told deputies he couldn’t get up to get to the door. Davidson was told by jail personnel that he was “probably lying.”

Another deputy and a nurse went to Joshua’s cell and determined he needed medical help. He was finally taken to UW Hospital, more than 16 hours after the incident occurred.

“He was very upset with the events surrounding his injury,” Joshua’s orthopedic surgeon wrote in his chart. “I can understand why.”

Joshua’s hip was repaired on December 24, 2020, with a metal plate and eight screws. He will eventually need a full hip and knee replacement.

Additional News Coverage:

https://madison.com/wsj/news/local/crime-and-courts/former-dane-county-jail-inmate-sues-deputies-over-treatment-hip-injury-sustained-in-jail/article_e34b983c-2e10-5136-bfd8-cc6bf2e8aeb4.html

https://madison365.com/former-dane-county-jail-resident-sues-county-over-broken-hip-neglect/

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Thomsen Reaches $2.35M Settlement in Federal Lawsuit Filed Against Wood County Deputy Sheriff Nathan Dean and His Insurer

Gingras, Thomsen & Wachs partner Mark Thomsen recently reached a $2.35 million settlement with Wood County Sheriff Deputy Nathan Dean and the county’s insurer on behalf of Logan Johnsrud and his family. Johnsrud, a 32-year-old father of one, was fatally shot by Deputy Dean during a welfare check in 2019.

One of Johnsrud’s family members had called for help when they believed him to be suicidal. That call ended with Deputy Dean firing three shots, one which killed Johnsrud, one that hit the family member and one that hit his partner Deputy Cory Leigh.

“We have to do better in Wisconsin in terms of how we handle individuals in mental distress,” Thomsen said.

As a result of the incident, Thomsen filed a civil lawsuit against both Deputy Dean and Wood County claiming that Dean used excessive force and deprived Johnsrud’s family of his company.

According to court records, after the deputies arrived at the home to check on Johnsrud, Dean contacted a crisis worker to discuss how to help Johnsrud with his mental health issues. The worker asked to speak to Johnsrud, who had told the deputies he was not suicidal.

But Dean approached Johnsrud so Johnsrud ran into the home and locked the door with his family member already in the house. Dean ran around the front of the home while Leigh broke down the back door, according to court documents.

Johnsrud had grabbed a large knife from the kitchen, so the family member jumped in to restrain him and keep him from hurting himself. The complaint filed by Thomsen in federal court stated that Johnsrud’s family member had Johnsrud in his grasp so that he could not hurt himself or anyone else in the home.

After Leigh kicked in the door, he was in the kitchen with Johnsrud and was going for his taser to help save Johnsrud.

However, when Dean came back to enter the home, he fired three shots killing Johnsrud.

According to a report completed in 2019 by the Wisconsin Department of Justice Division of Criminal Investigation, Johnsrud began approaching Dean while raising the knife. The Wood County District Attorney’s Office went through the Division of Criminal Investigation report and determined there was no basis to file criminal charges in the shooting.

As part of the settlement, neither the county nor Deputy Dean admitted liability in the incident.

“Logan Johnsrud didn’t threaten anybody but himself,” Thomsen said. “His family member and Deputy Leigh were desperate to help him.”

Mark Thomsen and the rest of our Gingras, Thomsen & Wachs team are grateful to honor the life of Logan Johnsrud and hope people continue talking about how to better help individuals with mental illness. The Wood County Sheriff’s Office has made significant steps to improve their handling of people with mental illness in the community.

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Judges: Public has right to know former deputy’s discipline records

The Wisconsin Court of Appeals recently made a key ruling on police transparency and clarified that law enforcement discipline records are in fact public records.

The ruling stems from a WISN 12 investigation into former Milwaukee County Sheriff’s deputy Joel Streicher, who ran a red light while looking at his squad computer in January of 2020. Streicher hit another vehicle and killed 47-year-old Ceasar Stinson, who was a dedicated community activist and loving husband/father.

After the crash, Streicher tried to stop WISN 12 from getting his disciplinary records. Initially, a judge agreed. But the state Court of Appeals ruled that the public’s right to know about police misconduct supersedes Streicher’s right to keep his service record a secret.

As the Stinson family attorney, GTW partner Mark Thomsen joined WISN 12 to discuss the new ruling and the precedent it will set for similar cases in the future.

“It sends a very clear message to the public and to law enforcement that you can’t hide police misconduct. We’re done with that.” – Mark Thomsen

Read More: https://www.wisn.com/article/wisconsin-judges-public-has-right-to-know-former-deputys-discipline-records/37953225

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Thomsen, Kinne and Sweatt Reach $862,500 Settlement in Civil Rights Lawsuit Filed Against Baraboo School District

Gingras, Thomsen & Wachs partners Mark Thomsen and Paul Kinne, along with GTW attorney Kimberly Sweatt and referring attorney Amy Bogost, have reached an $862,500 settlement with the Baraboo School District (BSD) on behalf of client Dasia Banks. The civil rights lawsuit, filed in January 2020, arose from the school district’s deliberate indifference and failure to respond to multiple instances of racial harassment and discrimination aimed at Banks, as well as reported student-on-student sexual assaults on school premises.

The GTW team, on behalf of Banks, argued that BSD’s actions violated Title IX of the Education Amendments of 1972 and Title VI of the Civil Rights Act of 1964.

The original complaint stated that a pattern of racial harassment aimed at Banks began as early as first grade and continued into her freshman year of high school. The Banks family moved away twice because of the harassment, but family circumstances brought them back to the Baraboo School District both times.

When confronted with evidence of harassment and discrimination, the school district repeatedly denied any systemic issues and instead insinuated that Banks was the problem.

Specific evidence of the harassment and discrimination included use of racially insensitive language, threatening letters, lack of punishment for wearing clothing featuring the Confederate flag and even physical assault.

In addition, several instances of groping and sexual assault were reported to various staff members, with no actions taken to stop them. BSD did nothing to warn students or parents regarding predatory patterns, therefore making Banks more vulnerable to ongoing attacks.

The Baraboo School District hired an equity expert, Dr. Gorski, to examine BSD’s conduct after Banks was forced to leave the district in May 2018 to escape the recurring harassment and discrimination. Dr. John B. Diamond, Kellner Distinguished Chair in Urban Education in the Department of Educational Leadership and Policy Analysis at the University of Wisconsin-Madison, elaborated on Gorski’s findings in his report and deposition testimony.

Both reports corroborated the experiences that Dasia Banks was having. In particular, focus group students talked about an environment where students are not held to account. A majority of participants felt that diversity efforts in the district were primarily cosmetic. The general sense was a lack of accountability for student-on-student bullying and discrimination, as well as a lack of accountability for adults who contribute to students’ feeling of alienation.

Focus group students also discussed a pervasive rape culture and felt that reporting sexual assault was not going to help them. Gorski’s report explicitly stated, “Due to a combination of many of the previously mentioned concerns, most students of color with whom we talked do not feel comfortable asking most white staff or in some cases any white staff in their school for help when they need help, which threatens their academic progress.”

This historic $862,500 settlement is one of the largest in Wisconsin for a K-12 lawsuit involving Title VI and Title IX, the two federal laws protecting students from racial and sexual harassment and discrimination.

“What is very clear is that these issues are arising across our state, and school districts are going to have to teach true history and enforce Title VI, which requires that every child be afforded a safe and enjoyable education,” said Mark Thomsen.

The entire Gingras, Thomsen & Wachs team is proud to be part of such an important case and help Dasia Banks use her voice to prompt a much-needed change in the Baraboo School District and wider Wisconsin education system.

Read the original complaint here.

Current News Coverage:

https://madison.com/wsj/news/local/education/local_schools/baraboo-school-district-settles-for-862-500-with-former-student-alleging-racism-sexual-assaults/article_c1342795-7df3-5806-a8d2-70e97eff9f08.html

Baraboo School District settles for $862,500 with former student alleging racism, sexual assaults

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