Car Accident Attorney

Every year in Wisconsin, more than 40,000 people are injured in car accidents. If you were one of them, you know how devastating it can be. You may be accumulating medical bills at the same time you are losing wages due to time off of work. You may need help with things you could do before. Pain makes it hard to do anything, and makes you miserable.

If your accident was caused by another driver’s negligence, you have a right to make a compensation claim. You may think you can handle your compensation claim yourself. This may be true in cases where no one was injured and there was only slight property damage, or if you have experience in the insurance industry. But, when you, or someone in your vehicle are hurt or killed, you generally need an attorney on your side who will work zealously to be sure you receive all the compensation to which you are legally entitled.

How a Personal Injury Car Accident Attorney Can Help

Wisconsin personal injury attorneys know how to evaluate the extent of your damages and how to place an appropriate dollar value on your claim. They consider your past and future medical bills, past and future lost wages, possible need for rehabilitation, pain and suffering and many other factors. They know there is more to a settlement than just covering your current expenses.

The insurance company may make you a settlement offer shortly after you are injured. This is a time when you are vulnerable, and may be tempted to accept whatever amount is offered. Keep in mind, insurance adjusters work for the insurance company. Their goal is to save the company money. Personal injury attorneys work for you. They know what your case is really worth. They are skilled negotiators who also know when to call in experts, when to settle, and when to take your case to trial.

Attorneys also can make sure you don’t lose your right to make a claim. Wisconsin law requires you to file your personal injury lawsuit within three years after the date of the car accident, and there may be other deadlines you have to meet. If you miss these deadlines, you will lose forever your right to collect for your damages no matter how seriously you were injured. Do not let that happen.

Questions to Ask at Your Free Consultation

Almost all personal injury attorneys offer a free consultation. This is time for them to review the facts of your case, but also a time for you to ask some important questions. You want to discover if the particular attorney has the qualifications you’re looking for.

A few questions you may want to ask include:

  • What are your fees? Personal injury attorneys generally work on a contingency basis so there are no fees unless they win your case. Then, the fees are a percentage of your award.
  • Do you have experience with situations like mine? Each case is unique, but you want an attorney who has experience in representing car accident victims and who has a track record of success.
  • What do you see as the strengths of my case? Ask for a few reasons why the attorney wants to take your case.
  • Do you see any weaknesses in my case? Sometimes there are areas of concern. Better to have these explained to you now than to be hit with them later.
  • What do you think my case is worth? The attorney, at the first consultation, may be unable to give an estimate, but may be able to tell you the types of damages available to you.
  • How many of your cases are you able to settle? You want an attorney who has good negotiation skills, but one who will also be ready to go to trial if necessary.
  • What kind of trial experience do you have? Although a fair and just settlement can often be reached, you want an attorney with trial experience to be on your team.
  • Who will handle my case? You? Another lawyer? Will my primary contact be an assistant or paralegal? Depending on the complexity of your case, there may be more than one attorney who will be working with you. These attorneys will be supported by paralegals and legal assistants. All of them will be able to give you information on your case. You want to know the contact person who can best keep you up to date on the status of your case.
  • What will the timeline of my case look like? The attorney may be able to give you an estimated amount of time, but it depends on how long the negotiation process takes and  on the court calendar if your case proceeds to trial.
  • How do I handle medical bills while my case is pending?  Check your own car insurance policy to see if you opted to have medical payments coverage (Med Pay). This often pays for your bills first. You also may want to submit your bills to your health insurance company. Your attorney may know of additional solutions.

If you were injured in a car accident, contact our Wisconsin personal injury attorneys at Gingras, Cates & Wachs for a free consultation. Our firm has been handling car accident cases for more than 30 years. We have a reputation with insurers of being diligent in seeking the best possible outcome for all of our clients.

 

State Charges

State and Federal Court Are Two Separate Jurisdictions

The United States is a federal republic. That means the federal government passes its own laws through Congress, and it’s federal courts’ function to interpret those laws. Existing alongside of Congress and the federal courts are state legislatures and state courts. Generally speaking, state courts interpret state law, and federal courts interpret federal law. There are large exceptions, but on the whole, if a person or business violates a state law, then a state court will hear and decide that case. If a person or business violates a federal law, then a federal court will hear and decide the case.

One exception is that unless the federal law or the U.S. Constitution gives federal courts exclusive jurisdiction, a state court can hear and decide a violation of federal law if the injured person files his or her complaint in state court. The party being sued (the defendant) could then “remove” the case to federal court if he, she or it so desired. Removing the case means moving it from a state court to a federal court. Another exception to the general rule occurs when a party from one state sues a party from another state, and the money at issue exceeds $75,000. In those cases, a federal court has the legal authority to decide a state law case. Yet another exception occurs when a party has a mix of federal and state law claims. As long as the state law claims are related to the federal claims, the federal court has jurisdiction to hear all the claims.

State courts and federal courts have their own separate appellate courts. In federal court, the trial court is called the “District Court.” The appellate courts in the federal system are called “Circuit Courts,” and the highest court in the federal system is the United States Supreme Court. State courts go by different names depending on the state, but all of them usually have one level of trial courts, one level of appellate courts and a single, highest court. The federal courts are not more powerful than state courts, and vice versa. However, federal law trumps state law when they come into conflict. That is why the United States Supreme Court’s decisions supersede state court decisions when federal Constitutional issues or law are at issue in the case.

Most criminal cases are tried in the state court, including:

  • Homicide/murder
  • Assault and battery
  • Domestic violence
  • Robbery
  • Burglary
  • Assault and aggravated assault
  • Drug possession and trafficking
  • Weapons offenses

Aside from criminal cases, other matters usually or exclusively heard in state court are personal injury type cases, and divorce and child custody cases.

Federal courts hear cases in which the U.S. is a party, or ones that involve violations of federal laws, such as:

  • Discrimination
  • Immigration
  • Social Security and Supplemental Security Income fraud
  • Tax fraud
  • Bankruptcy
  • Counterfeiting
  • Maritime law

Confused About Where to File Your Case?

The compassionate attorneys at GCW Law Offices can help you to determine what is the correct jurisdiction for your case. Contact us for a free consultation. If we take your case, you have our promise that together, we will right the wrong.

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

In a recently released video, Milwaukee police confront Sterling Brown on January 26, 2018 for a parking violation. The body camera footage shows Mr. Brown wrongfully being thrown to the ground and tased at a local Walgreens. Mr. Brown released his statement regarding the incident earlier this week.

Sterling Brown states, “This is bigger than me. My family, friends, legal team, Priority Sports, Milwaukee Bucks, the black community and the communities of all who stand against injustice plan to continue the fight. Peaceful support to ensure no further damage to our community is the only way to respond. I know many of you will share my anger and frustration, but for our community to progress and grow, 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.”

 

Motorcycle Accident

Now that winter weather is finally in the rear-view mirror, motorcyclists on Wisconsin roadways are a common sight again. Unfortunately, that also means it’s motorcycle accident season. According to the WI Department of Transportation, there were 2,250 crashes involving motorcycles in 2016, the most recent year for which statistics have been published.

Because of their design and size relative to other vehicles, motorcycle accidents can have catastrophic consequences. A victim who survives a motorcycle crash may suffer from long-lasting physical and emotional injuries. Insurance settlements may not offer adequate compensation, which can leave victims struggling to handle long-term health care expenses. Fortunately, Wisconsin law provides a recourse for people involved in motorcycle crashes, allowing them to file lawsuits to seek legal remedies.

What About Insurance Coverage?

After a motorcycle accident, the other driver’s insurance company may ask you to accept an insurance settlement to resolve the matter. Before you ever agree to settle you should always seek legal advice because insurance companies are known for their low ball offers. Even if the other driver didn’t have insurance or had inadequate insurance, you may also be able to file a claim against your own uninsured motorist/underinsured motorist insurance coverage.

Legal Remedies When a Product Defect Caused the Accident

In some cases, motorcycle accident victims may have recourse against someone other than the other driver.
If there was a product defect with your motorcycle or your helmet, or if road conditions caused or contributed to the accident, a personal injury attorney may be able to help you pursue a claim against the manufacturer or others responsible for maintaining roadways.

How Motorcyclist Negligence Can Impact Damages Awards

If we cannot settle the case for you for fair compensation and you must file a lawsuit after a motorcycle accident, a process our Milwaukee personal injury legal team regularly guides clients through under Wisconsin law, you will need to prove that the other driver or another responsible party was at fault and that you suffered injuries for which you should be compensated.

Sometimes, motorcycle accident victims assume they will not be able to obtain compensation for their injuries if they were speeding or their own actions or negligence otherwise contributed to their injuries. In actuality, you may still be able to recover under a lawsuit. The amount you could recover may be reduced to reflect your role in the accident.

Gingras, Thomsen & Wachs, LLP Help Motorcycle Victims

Accidents can happen when you least expect them to. If you were involved in a motorcycle accident, contact the skilled personal injury attorneys at Gingras, Cates & Wachs in Madison, Milwaukee and Eau Claire. We will help you identify your options, advise you on potential outcomes, and help you take action while you focus on recovering.

Wrongful Termination

Losing your job is a scary thing. Not only does it affect you, but it can affect your family as well. When you are fired from your job, not knowing where your next paycheck will come from or how you will pay your bills is a very unsettling feeling. However, if you were fired or laid off, you may be wondering if your employer broke the law by doing so. The answer to that is “it depends.” First, we must look at what the law in Wisconsin says about when it is legal or illegal for employers to fire their workers.

What is Wrongful Termination?

“Wrongful termination” (sometimes called “wrongful discharge”) means that you were fired or laid off from your job illegally. Not every firing is illegal. In fact, in Wisconsin, most jobs are what is called “at will,” which means that either the employer or the worker can end the employment at any time. The employer can legally fire the worker, and the worker can legally quit the job for any reason — even a bad reason — as long as it is not for an illegal reason.

What Are Illegal Reasons for Terminating Employment?

Although the general rule is that an employer can fire a worker for any reason, there are important exceptions to that rule. Here at GCW, we are passionate in defending the rights of workers who were fired for illegal reasons.

It is Illegal to Fire Workers for Certain Discriminatory Reasons

Workers in Wisconsin are protected by both federal and state anti-discrimination laws. These laws make it illegal to fire workers because of certain types of discrimination. Specifically, in Wisconsin it is illegal to fire people because of their —

  • Race or color
  • Gender
  • Age
  • Disability
  • National origin or ancestry
  • Religion
  • Pregnancy or childbirth
  • Marital status
  • Sexual orientation
  • Genetic information
  • Harassment
  • Military service
  • Retaliation for asserting rights to be free of illegal discrimination
  • Arrest or conviction record (in some circumstances)
  • Refusal to take a lie detector test
  • FLSA
  • Government fraud
  • Use or non-use of lawful products (such as cigarettes) off the employer’s premises outside of working hours

If you believe that your employer may have fired you for a discriminatory reason, you should talk to a Wisconsin employment lawyer to find out more about your rights.

It Is Illegal to Fire Workers Because They Refused to Break the Law

In Wisconsin, the law protects workers who refuse to do something illegal. This is known as the “public policy” exception to the general rule of at-will employment.

For example, if you worked in a nursing home where you were legally required to report abuse, and you got fired because you followed the law and reported the abuse, then your termination was illegal.

Contact a Wrongful Termination Lawyer

At GCW, we have 20 years of experience standing up for workers who were fired illegally. We rise to any challenge to right the wrong. If you think you may have been fired or laid off illegally in Wisconsin, contact the GCW wrongful termination lawyers. We have offices conveniently located in Madison, Milwaukee, Waukesha and Eau Claire.

Settlement Negotiations

Medical malpractice settlement negotiations are handled differently than other personal injury cases. A person who intends to sue a doctor or medical facility must first be aware that he or she has a specific time in which to start a lawsuit or settlement negotiations. In Wisconsin, this may be up to five years, but in most cases, it is up to three years from the date of the injury or one year from the date the injury was discovered. To ensure that you begin your lawsuit within the statute of limitations, always contact a medical malpractice attorney as soon as you realize you may be the victim of malpractice.

Initial Proceedings

Once it has been determined that it is not too late for you to file a lawsuit or start negotiations, you have two choices:

  • You may take advantage of Wisconsin’s voluntary mediation rule and ask for mediation before you file the medical malpractice lawsuit.
  • You may have filed a lawsuit, but if you decide you would prefer to settle if possible, you have up to 15 days after you file the lawsuit to ask for mediation.

In both cases, the statute of limitations is stopped until either mediation is completed with a settlement agreement, or you and the medical facility or doctor determine that you cannot settle, and you wish to continue with the lawsuit. Once either of those two actions is completed, the counting of the days starts where it left off.

Caps on Awards/Damages

As of April 2018, the highest compensation you can get from a medical malpractice lawsuit for “non-economic” damages (usually for pain, suffering and disability) is $750,000. There is no limit on the amount which can be recovered for medical and related care expenses and lost earnings resulting from the malpractice.  In July 2017, a Wisconsin appellate court stated that $750,000 for non-economic damages is “unconstitutional on its face.” This means that the court agrees that in catastrophic injury cases, $750,000 may not be enough to cover your injuries.  This case is currently being reviewed by the Wisconsin Supreme Court.

Evidence and Discovery

Although you may settle out of court, it is still important that you have all of the medical evidence possible that your doctor or medical facility made a mistake in your care. Hospital bills, second opinions and anything that is in your medical chart should be accessible to you and your attorneys. The evidence and discovery will help the mediator negotiate a fair amount due to you.

Liability

Liability rules can be somewhat different for medical malpractice cases. An injured person must present expert testimony that the doctor or facility failed to follow the accepted “standard of care” for the condition.  Expert proof is also required to show that any violation of this standard of care caused harm to the patient.  This requirement of expert opinion evidence makes medical malpractice cases much more expensive to investigate and prove than most other kinds of cases.

Contact Gingras, Thomsen & Wachs, LLP

Medical malpractice lawsuits are often highly personal and can be physically and mentally painful or challenging. Entrusting your life or the life of someone you love in someone else’s hands can be terrifying, especially when things go wrong. If you believe you or someone you care for is suffering from a condition caused by medical malpractice, contact Gingras, Thomsen & Wachs, LLP to set up a free consultation. You can trust us to fight for you and what you deserve if you are suffering from a doctor’s negligence, while you focus on recovering.

referee

Image via Wisconsin State Journal

Pat Anderson, a Madison basketball referee of 33 years, may never ref another game due to post-traumatic stress episodes and injuries caused to him earlier this year. On January 3, 2018, Anderson was reffing a UW-Rock Valley men’s basketball game, which they lost to UW-Waukesha, 80-76. After the game, former UW-Rock Valley coach, Jamal Mosely (41), and his son, J’shon Mosley (21) allegedly attacked Anderson in the hallway, punching and kicking him.

Jamal Mosley resigned as head coach on January 23, 2018. Both of the Mosleys were charged on January 30, 2018 in Waukesha County with battery and disorderly conduct. GTW Attorney, Robert Gingras, will be defending Anderson in his law suit against the Mosleys. “This type of conduct has to be stopped in its tracks,” said Gingras, “As a society we cannot tolerate a referee getting beaten up out in the hallway after a game.”

Supreme Court Case

The Supreme Court of the United States heard Janus v. AFSCME Council 31 on February 28, 2018. That case addresses vital issues related to union-based collective bargaining. Those who observe the Supreme Court are predicting an anti-union decision. That type of decision could affect workers’ rights across the country.

It Started in Wisconsin…

In 2011 and 2012, Wisconsin signed anti-union legislation into law. In 2011, hundreds of thousands of Wisconsin residents took to the streets to protest the anti-union legislation. Teachers, workers, and friends occupied the state capital for as long as six weeks. The law affected workers’ abilities to belong to a union and the collective bargaining rights of these groups.

Wisconsin was a high-density union state compared to other states in the U.S. However, since the anti-union legislation in 2011, membership has faltered. In fact, membership is estimated to be down by one-third in most areas of the state.

AFSCME is a significant union in Wisconsin and other states. Experts predict that the scene in Wisconsin may be just a small preview of what is to come if Janus is decided the way that many close observers predict.

An Overview of Janus

Laws in 22 states, including Wisconsin before 2011, permit public unions to require employees who are not union members to pay “agency” or “fair share” dues. Although these other workers are not members of the union, they pay these fees based on the assumption that what the union has done will help all workers, regardless of whether they belong in the union. It corrects a “free-rider” problem and avoids potentially costly negotiations that would differentiate union workers from non-union workers.

Janus, a public employee who is not a member of a union, has challenged these fees in his Supreme Court case. He argues that being forced to pay these fees, which supports union activities that he does not support, violates his right to free speech under the First Amendment. He argues that by paying these fees, he is being forced to associate with the union and speak for it.

By deciding in Janus’s favor, the Supreme Court will effectively turn the remaining states who allow these fees into “Right-to-work” states—affecting at least five million more workers across the country.

The Effects of This Potential Change

Changing states to “right-to-work” states has been called a “union killer.” It will have serious and devastating implications for the working people in the United States. In Wisconsin, for example, changes such as public school closings, mass layoffs, and a decline in teacher compensation have been attributed to the anti-union legislation enacted in 2011.

Other losses, such as the closure of public libraries, parks, and colleges, also have ties to the anti-union legislature. Further, decreases in medical and food assistance to those living in poverty, opening the state to sand and metal mining, and preempting municipal labor and welfare laws are also part of the overall package. Changes to union laws will affect communities, networks, and various other social aspects of union life. Janus is more than just taking away power from unions—its “side effects” could be substantial, it will destroy the middle class as we knew it.

As a worker, you still have rights, even when the unions lose power.  Are you concerned about your rights in the workplace or the effects this anti-union case could cause? Talk to Wisconsin attorneys at Gingras, Cates & Wachs. We will fight for your employee rights whether you are affected by this Supreme Court case, or if you have been a victim of another type of employment dispute or discrimination.

 

 

Election

In December 2017, a state senator and state assemblyman in two separate voting districts resigned their positions to join Wisconsin Governor Scott Walker’s administration. Walker refused to call for special elections to fill those legislative vacancies as required by law. He claimed the general election in November 2018 would be soon enough. This would leave voters in the two districts without representation for nearly a year.

As Democratic assemblyman and candidate for Governor, Gingras, Thomsen & Wachs, LLP’ own Dana Wachs stated, “Not holding elections violates the basic tenants of democracy. Already, the legislature has been in session since these seats were vacated. Voters in DePere and Lodi have not been represented on issues of taxes, justice, and our environment.” In other words, by not having a representative, the citizens of those districts have been deprived of their constitutional right to vote.

Residents Sue and Court Rules in Their Favor

The citizens of those districts filed a lawsuit, asserting that by leaving the seats vacant, their basic constitutional right to representation was being infringed, as well as their right to vote for their representatives and senators. They asked the court to compel Walker to set a date for a special election.

The residents were represented by former U.S. Attorney General, Eric Holder. Holder argued current law required Walker to schedule special elections. The law states that a special election is required to be held “promptly” any time there is a vacancy “occurring before the 2nd Tuesday in May in the year in which a regular election is held…”

Walker argued that the law did not apply, since the vacancies occurred in 2017, not in 2018. Dane County Circuit Court Judge Reynolds, who was appointed to the bench by Walker in 2014, found Walker’s argument “absurd.” She ordered Walker to call for a special election by noon, March 29, 2018.

Meanwhile Republican legislators planned on calling a special legislative session to change the law so it would comply with Walker’s plan not to hold a special election. The proposed law even had a provision that said the law could not be “nullified” by citizens or the judiciary.

While legislators scrambled to hold a special session to pass their new election law before Judge Reynolds’ deadline, Walker presented his case to Dane County Circuit Judge Neiss. Neiss rebuffed Walker’s attempt and ordered that special elections must take place as ordered by Reynolds. Neiss went a step further and said it didn’t matter what the legislature did in the future. His ruling applied to the law as it is now.

Still recalcitrant, Walker tried one more time to avoid calling for a special election. He asked the Court of Appeals to stay the order of Judge Neiss. Judge Reilly rejected the Governor’s position stating: “Representative government and the election of our representatives are never unnecessary and never a waste of taxpayer resources.”  Walker backed down and finally called for the special elections as required by current election law.

Current Election Schedule

Fortunately, residents who were not happy about their constitutional right to representation being thwarted were willing to fight for the protection of their civil rights. The special primary election for Wisconsin State Assembly District 42 will be held on May 15, 2018 and for Wisconsin State Senate District 1 on June 12, 2018.

Our Wisconsin Civil Rights attorneys at Gingras, Cates & Wachs are committed to fighting for the rights of our clients. If you’ve experienced any type of action that violated your civil rights, contact GCW for a free case evaluation. We’ll be with you every step of the way.®

It’s an unfortunate fact that in this day and age a person’s civil rights can still be violated in the most despicable ways. As difficult as these cases are to comprehend, GTW is proud of the fact that we have a long and successful history of helping people and families who have been wronged by law enforcement misconduct. 

Below are some cases making the news that Attorney Mark Thomsen is currently working on. Mark is proud to be fighting for the rights of others!

 

 

As a Wisconsin winter driver you cannot control the weather, which ultimately leads to less than desirable driving conditions, but you can control the way you drive. It is not only about being a safe driver, but also using precautionary driving skills. If you absolutely must drive in poor winter driving conditions then please be safe to avoid being injured in a car accident. Here are some winter driving safety tips to help you with safe travels.

  • Clear snow and ice from all windows and lights – even the hood and roof – before driving.
  • Always have your headlights on when it is snowing or sleeting.
  • Pay attention. Don’t try to out-drive the conditions. Remember the posted speed limits are for dry pavement.
  • Leave plenty of room for stopping.
  • Leave room for maintenance vehicles and plows. The law requires you to slow down or move over when approaching emergency or maintenance vehicles, including snowplows, parked on the side of the road when they have their flashing lights turned on. If you approach a parked emergency or maintenance vehicle during a winter storm and decide to change lanes be extra careful. The passing lane may be in worse shape than the driving lane. There may also be a snow ridge between the two lanes. Avoid making an abrupt lane change. If approaching a snowplow, stay back at least 200 feet (it’s the law!), and don’t pass on the right.
  • Don’t use your cruise control in wintry conditions. Even roads that appear clear can have sudden slippery spots and the short touch of your brakes to deactivate the cruise control feature can cause you to lose control of your vehicle.
  • Use brakes carefully. Brake early. Brake correctly. It takes more time and distance to stop in adverse conditions.Whether you have anti-lock brakes or not, the best way to stop is threshold breaking. Keep the heel of your foot on the floor and use the ball of your foot to apply firm, steady pressure on the brake pedal.
  • Watch for slippery bridge decks, even when the rest of the pavement is in good condition. Bridge decks will ice up sooner than the adjacent pavement.
  • Don’t get overconfident in your 4×4 vehicle. Remember that your four-wheel drive vehicle may help you get going quicker than other vehicles but it won’t help you stop any faster. Many 4×4 vehicles are heavier than passenger vehicles and actually may take longer to stop. Don’t get overconfident, your 4×4 can lose traction as quickly as a two-wheel drive vehicle.
  • Look farther ahead in traffic than you normally do. Actions by cars and trucks will alert you quicker to problems and give you a split-second extra time to react safely.
  • Remember that trucks are heavier than cars. Trucks take longer to safely respond and come to a complete stop, so avoid cutting quickly in front of them.
  • If skidding, remain calm, ease foot off the gas, and turn the steering wheel in the direction you want the front of the vehicle to go.
  • Keep a supply box in your car. While it might sound obvious that you should have winter preparedness items in your car, you might not think to keep some of these items on hand.

– Flashlight
– Flares
– Blankets
– Warm clothing
– Extra gloves
– Materials for traction (sand or kitty litter)
– Charged cell phone (to call 911)
– Snow brush and ice scraper
– Snacks

  • Go slow!
  • Always keep up on any maintenance needed on your vehicle. This includes, but is not limited to, tires, oil changes, spark plugs, hoses, belts, and water pumps. It is ideal to do a seasonal check up. This is something many companies can do while they change your oil.

Please be safe!

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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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