Gingras, Thomsen & Wachs, LLP Attorneys

Welcome to Gingras, Thomsen & Wachs Lawyers, now including attorney Mark Thomsen as a named partner in the firm.

“The firm’s name change recognizes the firm’s reach and service to all parts of Wisconsin,” said Gingras, Thomsen & Wachs Partner, Robert Gingras. “We’ll continue to right the wrong for our clients and get them the justice they deserve under the Gingras, Thomsen & Wachs name.”

With accomplished leadership across Gingras, Thomsen & Wachs’ four locations, the firm will continue to outthink, out-strategize and outwork the opposition for clients.

In Madison, Robert Gingras and the passionate team of attorneys will continue to overcome injustices for clients with their expertise in personal injury, employment law and more. In Milwaukee and Waukesha, Mark Thomsen and the firm’s local presence and proven success in civil rights cases will continue to inspire further change in the city and beyond. In Eau Claire, Dana Wachs and the team of dedicated attorneys will continue to advocate for the people of Wisconsin by fighting for fairness, equality and justice for everyone.

Gingras, Thomsen & Wachs Lawyers is home to attorneys who are named to multiple top-lawyers lists, including The American Trial Lawyers Association’s Top 100 Trial Lawyers, Wisconsin Super Lawyers and Best Lawyers in America.

GCW We Can Help July

The Gingras, Thomsen & Wachs, LLP “We Can Help” Charity for July is Child Advocacy Centers of Wisconsin (CAC). “We Can Help” is Gingras, Thomsen & Wachs, LLP’ volunteer program, where each month employees work closely with a non-profit in one of the four communities we serve to either volunteer time or resources. 

Gingras, Thomsen & Wachs, LLP has partnered with CAC because of their work to create and maintain a statewide coalition dedicated to the establishment and success of child advocacy centers and multi-disciplinary teams. With their ongoing support, education, advocacy, and networking opportunities, they enhance Wisconsin’s response to child maltreatment and neglect. CAC helps children who are alleged victims of abuse, and their families, by providing easy access to the services needed; such as child protective services, investigation & law enforcement, prosecution, and medical and mental health professional services. In July, Gingras, Thomsen & Wachs, LLP is making a donation to CAC that will help fund training to the CAC staff and their allied professionals at the Green County Child Advocacy Center “Brick House” located in the city of Monroe, WI.

If you’re interested in donating your time or resources to CAC feel free to visit them online. 

To learn more about Gingras, Thomsen & Wachs, LLP “We Can Help” program, contact our offices today.

Traffic Stops: What To Do If You Get Pulled Over

When a police officer pulls you over, what you do and say can have a huge effect on any legal proceedings that might follow. Whether the traffic stop ends in a simple moving violation or an arrest for a more serious crime, your choices are critical.

When You See the Police Car

If a police car is following you with its siren on or emergency lights flashing, pull over to the right quickly, but safely, and come to a complete stop in a safe place. Pulling over right away isn’t an admission of guilt. It just means that you were alert to everything that was happening around you. Also, by stopping as soon as you can, you’ll have a better chance of figuring out exactly where and how the officer says you violated any traffic laws. This information can be useful should you and a lawyer later need to prepare a defense.

Pull over in a way that will be most likely to calm down an angry or annoyed traffic officer. Use your turn signal to indicate any lane changes from left to right, and slow down fairly quickly, but not so quickly that the officer will have to brake to avoid hitting you. Pull over as far to the right as possible, so that the officer won’t have to worry about being clipped by vehicles in the right lane when coming up to your window.

Right After You Stop

After you’ve pulled over to a safe spot, you should normally turn off your engine. At this point, you might want to show the officer a few other token courtesies. You have little to lose and perhaps something to gain.

Roll down your window all the way. You might also want to place your hands on the steering wheel, and, if it’s dark, turn on your interior light. These actions will tend to allay any fears the officer might have. After all, police officers have been killed in traffic-stop situations, and the officer’s approach to the vehicle is potentially the most dangerous moment.

Your dignity might be offended a little at this point, but remember that you’re just doing a few simple things to put the officer in an optimal frame of mind. Stay in the car until and unless the officer directs you to get out. Finally, don’t start rummaging through your back pocket for your wallet and license, or in your glove compartment for your registration, until the officer asks you for them. For all the officer knows, you could be reaching for a weapon.

Excuses to Search

A police officer who stops you for a traffic violation is normally not allowed to search your vehicle. But there are several exceptions to this general rule.

  • After pulling you over, an officer will watch for any sort of “furtive movement.” A sudden lowering of one or both shoulders, for example, will tip the officer off that you’re attempting to hide something under the seat.
  • An officer enforcing a traffic stop isn’t looking just for furtive movements. Officers will look for anything incriminating that’s in “plain view” (like open beer or wine bottles, or illegal drugs and paraphernalia). Discovery of one item in plain view often leads to a thorough search that reveals more incriminating or illegal objects.
  • If you’re arrested and your car is towed, the police may generally make an “inventory search” afterward, even if they have no reason to suspect there’s anything illegal inside.

Staying in the Car and More on Searches

An officer who stops you for an alleged traffic violation has the right to insist that you and your passengers get out of your car. Follow the officer’s directives but begin with the assumption that you should remain in the car. And you should also assume that the officer is on alert, ready to interpret a failure to follow instructions as a threat of danger or an attempt to flee.

An officer who has any reason to suspect that you might be dangerous has a right to conduct a quick “pat-down” search of your outer clothing. Upon feeling any weapon-like object during the pat-down, the officer may reach in and get it. The officer can also seize anything during a proper frisk for weapons that obviously feels like contraband. What if the officer asks to search your cellphone? May you politely decline? The rule is that officers generally may not search cellphones without warrants—or your consent.

Also, if the police officer reasonably believes you’re dangerous and might gain control of weapons, the officer may search areas within the passenger compartment in which a weapon could be placed or hidden.

Talking to the Officer

Generally let the officer do the talking, and respond when appropriate. Some lawyers caution that an officer who pulls you over for a traffic violation has decided whether to give you a ticket before approaching your car. These lawyers warn that officers will sometimes act as though they might change their minds if you cooperate so that they can get information or an admission out of you.

It can be tough to know exactly what to say to an officer’s queries, but whatever you do, you shouldn’t argue. And you should know that you have a right to remain silent, although you might have to actually say something to invoke that right.

Talking to a Lawyer

Simple traffic violations often don’t require the assistance of an attorney. More serious accusations like a charge of driving under the influence or possession of drugs often do. If you have questions or would like more information about your rights during a traffic stop, contact the GCW team today.

Personal Injury Settlement

Say you were involved in a car accident. You were driving along, following the rules of the road, when another driver ran a red light and slammed into the side of your car. You went to the emergency room, your car was severely damaged, and bills started piling up. Soon after that, the other driver’s insurance company contacts you with a settlement offer. You need the money. It’s tempting to accept the offer. But should you? Is the offer fair? Can you do better?

Don’t Accept a Settlement Without Getting Legal Advice

Initial settlement offers are usually not fair. Remember that the insurance adjuster who contacts you doesn’t have your best interests in mind. He or she works for an insurance company and wants to save that company money.

If you were hurt in an accident, you may have costs that will last for a very long time. You may, unfortunately, continue to need medical care for your injury for longer than you expect now. You may lose more time from work than you thought you would. It’s important that you get a fair settlement now so that you are protected into the future.

The best thing you can do when you get a settlement offer from the other driver’s lawyer is to talk to a personal injury attorney. This attorney will be working for you, not for an insurance company. The attorney’s only goal is to get the best possible result for you. An experienced personal injury attorney will know:

  • How much your case is really worth.
  • Whether a settlement offer is fair or not.
  • If you should settle or go to trial.
  • What experts to call and how to collect and present evidence.
  • How to negotiate effectively to get a fair settlement offer.

GCW Personal Injury Lawyers Can Help

If you are a do-it-yourself kind of person, you might be tempted to try to negotiate with the other driver’s insurance company by yourself. You are allowed to do that, but you would be putting yourself at a disadvantage. The insurance company will have lawyers who know all about personal injury law. When you have a personal injury lawyer working for you, then it becomes a fair fight. Your lawyer can keep the insurance company from taking advantage of you and will tell you when you should pass up a settlement offer because it is too low.

At GCW, we want to help if you or a loved one has been injured in an accident. We have more than 30 years experience with car accident cases. Even if you were partially at fault or if the other driver didn’t have insurance, we want to talk to you. You don’t need to pay us anything up front.  We don’t charge a fee until you get compensation for your injuries. Contact us at for a free consultation, and we would be glad to discuss any settlement offers you may have received.

Nursing Home

We trust that the nursing homes where our loved ones receive care are going to keep them safe. In fact, that may be the reason you chose nursing home care for your parent or other loved one in the first place. In most cases, care facilities and their employees work hard to ensure patients are safe and well-cared for.

But, injuries can happen anywhere on nursing home grounds, including on slippery or damaged flooring, icy walkways, loose or curled rugs, sidewalks that haven’t been maintained properly, in parking lots, or on stairways. Seniors can also be injured as a result of falling when getting in or out of bed or when using the toilet or shower. When an elderly person slips and falls, serious injuries or death can occur.

When a parent or other loved one is injured or dies after slipping and falling in a nursing home because conditions were unsafe, it is important to hold the care facility and its staff accountable. You or your loved one may also be entitled to compensation for their injuries under Wisconsin law.

Liability of Nursing Home Facility and Its Workers

Nursing homes owe a duty of care to residents, and their employees have a duty to monitor residents who may be unsteady on their feet, and to take steps to prevent falls.

In general, in order to prove that the nursing home or staff should be held at fault for injuries sustained during a slip and fall incident in a nursing home, the injured party must prove that the fall happened because of a hazardous condition or employee misconduct. If the case is based on a fall caused by a hazardous condition, the injured party would also need to show that the property owner, manager, or staff knew about the condition, or should have known about the danger, but didn’t take action to prevent accidents or to warn about the potential hazard.

Even if nursing home management or staff didn’t actually know about a hazard or risk that led to a fall, they may still be liable if they had “constructive knowledge” of the risk, meaning they should have reasonably known that it existed and that it could lead to a fall.

Gingras, Thomsen & Wachs, LLP

When a nursing home injury occurs because nursing home staff or management failed to maintain or neglected the premises, or didn’t take actions that could have prevented the senior’s injuries, such as installing bed rails or grab bars, filing a personal injury lawsuit can send a powerful message, make nursing homes safer, and protect other nursing home residents from suffering the same injuries.

If an elderly family member or other loved one was injured after falling in a nursing home, the experienced nursing home neglect attorneys at Gingras, Cates & Wachs may be able to help. With offices in Madison, Milwaukee and Eau Claire, we help people across the state pursue justice for injuries or deaths resulting from nursing home negligence. To schedule a free consultation and review of your case, contact us today.

Motorcycle Accidents

Motorcycle crashes do not necessarily happen more frequently than other types of crashes, but they are more likely to lead to serious injuries or death. In fact, more than 80 percent of all motorcycle crashes will result in injury or death. While many people like to put the blame on the motorcyclist, only 40 percent of motorcycle crashes are single-vehicle incidents. In most cases, the collision involves another driver, and when the crash is the other driver’s fault, you need a motorcycle injury attorney.

Knowing the most common causes of motorcycle crashes may help motorcyclists and other drivers be more aware—and take action to prevent a collision. The following are the top causes of motorcycle crashes.

  1. Unsafe Lane Changes

Motorcycles are small vehicles. If drivers do not check their blind spots well enough, they can easily merge into a bike in another lane. Motorcycles also may not be able to react quickly enough if the other driver fails to signal his or her lane change, either.

Other drivers should signal and check their blind spots, and motorcycles should do everything they can to increase visibility. Increasing visibility may include turning on lights or wearing brighter clothing or gear.

  1. Dangerous Left Turns

Because drivers are not on the lookout for smaller vehicles as they should be, they will sometimes turn left into or in front of a motorcycle. In fact, this type of crash accounts for roughly 42 percent of all motorcycle-car crashes.

When a car turns into a bike, the motorcycle may not have enough time to try to stop to avoid the crash, and even if they do, they may be thrown from the bike in the process. It’s very important for drivers to always keep an eye out for motorcycles.

  1. Alcohol Use

When either the driver or the motorcyclist is impaired because of drugs or alcohol, the likelihood of an crash significantly increases. Alcohol slows reaction time and makes your hand-eye coordination much more difficult. It is hard for drivers to see motorcycles while they are sober—that only gets worse if the driver is impaired.

  1. Road Hazards

Poor road maintenance, debris in the road, and weather conditions all affect motorcyclists more than they do the average passenger car. A simple pothole, for example, may be annoying for a driver, but it can be deadly for a motorcyclist. Hitting road hazards can easily cause a motorcyclist to lose control of their bike.

  1. Speeding

When drivers or motorcyclists speed, they have less time to react to other vehicles, hazards, or emergency situations. Speeding is a factor in the majority of motorcycle crashes.

If you or a loved one has been in a motorcycle crash, you may have legal options. Learn about those options by speaking to a member of our team at Gingras, Cates & Wachs. Call today for a free case evaluation.

The Verdict

Image Via: wisjustice.org

 

Every quarter the Wisconsin Association for Justice (WAJ) puts out a publication called The Verdict that discusses recent topics, featuring various articles written by legal professionals. In the most recent publication, GCW attorneys Whitney Johnson and Scott Thompson were spotlighted.

In “The Insidious Nature of Subtle Bias in the Modern Day Legal Community,” Whitney talks about the impact that descriptive and prescriptive bias have had on the legal world.

“Subtle gender bias is an everyday occurrence for females in the law, whether communally recognized or not.”
– GCW Attorney, Whitney Johnson

In Scott Thompson’s article, “Will Automated Vehicles Crash the Courthouse?,” he addresses the new challenges in the courtroom as technology evolves and automated vehicles become more common in this country.

“As members of this organization, we should be prepared to be vigilant in making sure that policy makers look out for safety and do not ignore the interests of injured people when making new laws governing AVs.”
-GCW Attorney, Scott Thompson

 

Gingras, Thomsen & Wachs, LLP is proud to announce the addition of Attorneys William Sulton and Chad Kemp!

For more than 35 years Gingras, Thomsen & Wachs, LLP has been righting the wrong in communities all over Wisconsin. William, Chad and Riley join a strong, passionate group of partners and attorneys in 3 offices across the state of Wisconsin.

William Sulton

An honor graduate of Michigan State University and Wisconsin Law School, William has been advocating for the rights of others since he received his law degree in 2008. Sulton has been honored as a Wisconsin Rising Star since 2015 and made the National Black Lawyers 40 under 40 list, an invitation only organization that highlights attorneys who promote diversity or excel in their profession.

He focuses on Civil Litigation, Civil Rights and Employment Litigation and joins the Milwaukee office. “My parents raised me simply. If you are in a position to help, do so. If you are not in that position, figure out how to be,” said Sulton.

Chad Kemp

Chad Kemp, a two-time graduate of the University of Wisconsin, previously established his own practice before joining GTW in the Madison office. He developed a passion for public service and justice at an early age and has carried that through his career as an attorney and by serving on Verona’s City Council. “I have always been interested in helping those who have been wronged and feel they may have no recourse,” said Kemp.

Civil Rights

If you have been mistreated by the police or by anyone else who works for the government, or if you work for the government and you have been mistreated by your employer, you may have a civil rights case.

What Are Your Civil Rights?

In Wisconsin, “civil rights” is a broad term that includes many different rights guaranteed in the federal constitution, the Wisconsin state constitution, and in various federal and Wisconsin state laws.

Your civil rights include the right to speak without retaliation from the government. They also include the right to associate with whomever you please.

The Constitution protects citizens from discrimination by the government on the basis of race, sex and religion. The government cannot punish someone because of his or her religious beliefs.

The law also protects people taken into custody. In most cases, a citizen can only be arrested if there is probable cause to do so. Additionally, people in jail or prisons are entitled to humane treatment while incarcerated.

The government also is prohibited from taking your property without due process of law.

What Are Some Examples of Civil Rights Violations?

These are some common examples of civil rights violations in Wisconsin that could affect you or a loved one:

  • The government retaliates against you for speaking on an issue of public concern.
  • The government mistreats you because of your race, your gender or your religion.
  • The police arrest you without probable cause to believe that you committed a crime.
  • The police use excessive force against you, including unjustified shootings.
  • You are subject to abuse by a guard or reckless indifference to a medical condition in while in jail or prison.
  • The government seizes your property or imposes regulations on you without due process of law.

This list doesn’t include all types of civil rights violations, so if you are not sure if your rights have been violated, you can talk a civil rights attorney to find out.

What Are Potential Remedies If My Rights Have Been Violated?

If you can prove that a violation of your rights occurred, you might be entitled to recover lost wages, expenses incurred including medical bills, money for emotional or physical suffering, and the hourly value of the time your lawyer puts into the case.

What Should You Do If Your Rights Are Violated?

If you or your loved one is a victim of a civil rights violation, you should call an experienced lawyer who can explain the best options available to you in light of your situation.  At the law firm of GCW, we are dedicated to helping people get the justice they deserve. We have won many large verdicts and settlements for our civil rights clients. If you think you may have a civil rights case, contact us at any time.

University of Wisconsin-Madison student, Beau Solomon, arrived in Rome, Italy on June 30th, 2016, to study abroad at John Cabot University. Days after his arrival he was found dead in the Tiber River. GTW is working with the Solomon family to seek justice for his wrongful death.

A federal lawsuit was filed on August 14th, 2017 against John Cabot University and its insurer, Chubb Group of Insurance Companies, for the wrongful death of Beau Solomon due to the college not properly warning its students about the dangers surrounding its campus.

“JCU did not provide Beau with any warnings about the area surrounding JCU, the dangerous nature of the area near the Tiber River, or the previous deaths before allowing Beau to explore the area surrounding the campus,” the lawsuit states.

In the past ten years there have been at least five deaths of individuals who died near the JCU campus, two being American students studying at JCU. GTW is working with Beau’s family to seek justice for his wrongful death and to help prevent this from happening again.

*On Tuesday, May 8th, 2018, the criminal trial opened for Massimo Galioto, the homeless man accused of killing Beau Solomon.

The trial for the civil case against JCU for Beau’s wrongful death has not yet begun.

A federal lawsuit has been filed Tuesday, June 19th, against the city of Milwaukee and its police department for the unlawful arrest and use of excessive force on Milwaukee Bucks player Sterling Brown.

On January 26th, Sterling Brown was wrongfully tased and arrested by Milwaukee police officers. Officers doing a business check at a Walgreens around 2 a.m. noticed a vehicle parked across two handicap spaces. Mr. Brown was being questioned for the parking violation when police officers tased and arrested Mr. Brown. After reviewing the body camera footage, no criminal charges were made against Mr. Brown, and the officers were given two weeks unpaid leave for their behavior during the incident.

Sterling Brown wants the city to admit that the incident was an unlawful racial stop. “An apology is not enough,” Thomsen said. “Our city has got to get done apologizing. We have to change what we do.”

GTW is working to seek justice for Mr. Brown’s civil rights against the Milwaukee Police Department. With cases like this, GTW has worked hard to bring the story forward and cultivate conversations around civil rights issues.

Sterling Brown states, “I know many of you will share my anger and frustration, but for our community to progress, we need to build on what we already have and not destroy it. I will take legal action against the Milwaukee Police Department to continue forcing change in our community.”

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101 Putnam St
P.O. Box 390

Eau Claire, WI 54703

8150 Excelsior
Drive

Madison, WI 53717

219 N Milwaukee St
Suite 520

Milwaukee, WI 53202

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