What to Do If You’re a Passenger in a Car Accident

You may know what to do when you get into a car accident while driving your car or even a rental car. However, many people do not know the steps to take when they’re in a car accident as a passenger. If you have questions about what to do in a motor vehicle accident when you are a passenger, a car accident attorney can help.

At Gingras, Thomsen & Wachs, LLP, also known as GTW Lawyers, our dedicated team of car accident lawyers in Milwaukee is here to help in personal injury cases. We have the experience needed to help you with car accidents when you get injured as a passenger. In this article, we explore the ways you can recover compensation for the injuries sustained in a crash.

Who Pays for Your Medical Bills When You’re a Passenger in a Car Accident?

When you are injured in a car accident, your first priority should be getting medical treatment at the accident scene. The laws in Wisconsin follow an at-fault model, meaning that the at-fault driver will be responsible for the car accident claims that result from the crash. The driver responsible could be the person you are riding with, or it could be the other driver. An investigation will be launched by each insurance company to determine who is liable.

Do I Go Through Health Insurance or Auto Insurance Coverage?

Ultimately, when you are injured in a car accident, it will depend on the specific circumstances as to which insurance claim you will file. Before this process can begin, you must receive immediate medical attention after an accident occurs to treat any known or unknown injuries. Here is a look at the possibilities for the claims process that will allow you to have your medical expenses and lost wages covered after an auto accident.

File a Claim with the Other Driver’s Insurance Company

If the other driver caused the crash, you can contact their car insurance carrier to make your claim. This process may take time as they will need to establish liability. However, the other driver’s insurance policy may not be enough to cover your injuries or other injured parties because insurance coverage pays only up to its limits. If the auto insurance policy of the other driver does not cover your damages, you may need to seek compensation from other sources.

File a Claim with the Insurer of the Person Who Was Driving You

Since Wisconsin is not a no-fault insurance state, the driver who caused the crash will need to pay through their car insurance. If the driver of the car you were in was negligent such as by engaging in reckless driving, drunk driving, or other behaviors, then you would need to file a claim with your driver’s insurance company.

Use Your Own Insurance

When you’re in an accident as a passenger, it may not cross your mind to use your own car insurance. In fact, it is best to pursue compensation from the person who caused your injuries. Personal injury protection isn’t part of Wisconsin insurance policies; however, as an injured passenger in a car crash, you can call your car insurance agent and use your medical payment coverage to pay for crash-related medical treatment..

Another option for injury victims is to use their own health insurance coverage to pay for crash-related treatment. Unfortunately, this means that accident victims in car crashes who are passengers may be stuck paying some out of pocket expenses.

How Can an Experienced Personal Injury Attorney Help Passengers After a Crash?

Some accidents can be complex and involve other drivers, which requires that you prove negligence and liability. A personal injury lawyer can represent you throughout this entire process, using the police report and other evidence to establish your personal injury case. You should receive fair compensation for your medical care, pain and suffering, lost wages, and other damages from this traumatic event.

The legal team at GTW Lawyers can help by seeking insurance details of all involved parties and recovering the money you deserve. Contact our personal injury lawyers today to learn more about your legal options when pursuing this type of claim, whether against another driver or your own driver’s insurance.

June 3, 2024/by Gingras, Thomsen & Wachs, LLP

News

When Does a Car Accident Need to Be Reported?

If you get in a car accident in Wisconsin, you may have many things on your mind in those first few moments after the crash. Understanding when to report a car accident is important for every driver to help protect their legal rights.

Gingras, Thomsen & Wachs, LLP, also known as GTW Lawyers, is a leading law firm focusing on personal injury cases, including car accidents. Milwaukee Car Accident Attorneys from GTW Lawyers can help you with insurance claims and compensation. In this blog post, you will learn when you need to report an accident and more about these legal requirements.

When Do You Need to Report Accidents to the Local Police?

In Wisconsin, you must report an accident to the police for specific scenarios. These include when there is property damage, bodily injury, or a fatality.

Property Damage

Property damage of $1,000 or more must be reported, or if the property damage is $200 or more to government property. You may be wondering how you can tell the cost of the property damage at the accident scene. It is best to err on the side of caution regarding property damage and call for a police officer to fill out a police report. Even in a minor car accident, the police report can serve as valuable evidence for your insurance claim.

Injuries

Regardless of property damage, all injuries to everyone involved need to be reported to the police. This will also be noted in the police reports. Additional documentation for the harm you suffered will be proven by your medical records for the medical attention you seek after the crash.

Fatalities

If someone dies in the car crash, it needs to be reported to be included in the accident report.

When Do You Need to Report an Auto Accident to the Insurance Company for a Car Insurance Claim?

Many accident victims wonder when they must report an accident to the insurance company. Even if a minor accident occurred, you are obligated to notify your insurance company. Your insurance carrier will need this information if the at-fault driver attempts to file an insurance claim.

You may be afraid that your insurance company will increase your insurance rates, but you must notify them after the accident happens. Generally, it is best to alert insurance adjusters on your insurance policy within 24 to 48 hours. If you are seriously injured, you may take more time but the sooner you report to your insurance company, the better. You should not wait a few months since the more time that elapses, the more difficult it will be to get compensation for property damage to your vehicle, medical bills, lost wages, and mental anguish.

The insurance company will need you to report the accident to them to prepare their investigation. Meanwhile, you will want to contact the other driver’s insurance company to file a claim and get the claim process started. The insurance policy of the other driver should cover your medical expenses, property damage, and other losses if they are deemed at fault.

What Happens If You Don’t Report the Accident?

It is imperative that you follow the state’s reporting requirements. This serves as evidence for all parties involved and helps you when you file a claim. Many people mistakenly believe that they do not have to do this for minor accidents. If you did not call the police, you can still do it after the accident date, or you can report it online.

If law enforcement investigates or receives a report of an accident they are required to send a written report to the Wisconsin Department of Transportation within 10 days of the accident. If this report is not made by law enforcement then the operator of a vehicle involved in an accident has 10 days after the accident to send a written report to the Wisconsin Department of Transportation.

Insurance companies are always looking for ways to reduce the settlement check. While you are not obligated to speak to the insurance company of the other driver, you may need to file a claim with them.

What to Do After an Accident Occurs?

After getting medical care and alerting the police, you need to get the driver’s license information and insurance information from the other party. This will be used on your report, even for minor collisions.

Since the other party’s insurer will likely try to use comparative negligence against you to lower the payout, you should speak with an attorney about your accident. GTW Lawyers can help you navigate the claim with the insurer and advocate for your legal rights.

June 3, 2024/by Gingras, Thomsen & Wachs, LLP

News

Is Lane Splitting Legal in Wisconsin?

Motorcycle lane splitting and motorcycle lane filtering are two similar practices that motorcycle riders often use on the roads. These actions involve riding on the center line between other vehicles, though both are explicitly illegal in Wisconsin. Currently, lane splitting is illegal in every state except California, according to the California Highway Patrol.

Lane splitting, which is often called white lining, and lane filtering are common causes of a motorcycle accident. When splitting lanes on a motorcycle, it is much easier to end up in an accident.

Gingras, Thomsen & Wachs, LLP, also known as GTW Lawyers, is a leading law firm in Wisconsin, focusing on providing personal injury representation for victims in motorcycle accident cases. In this article, we provide insights on lane-splitting laws in the state and how they can impact your case.

What to Know About Wisconsin Lane Splitting and Lane Filtering Laws

Many people ask, “Is lane splitting legal?” The answer is that the laws explicitly prohibit lane splitting. Lane splitting is when a motorcyclist rides between two lanes of traffic heading in the same direction. Lane filtering is similar, though the vehicles a motorcycle is riding between are stopped or moving slowly. The laws set by the Wisconsin Department of Transportation specifically mention lane splitting as an illegal action. The reason the law prohibits lane splitting is that this dangerous action can lead to a motorcycle accident.

Lane sharing is a different issue than lane splitting or lane filtering. It is when two motorcycles in the same lane are in a staggered formation; however, lane sharing with two motorcycles riding side by side in the same traffic lane is not prohibited.

Can Lane Splitting Affect Compensation in a Motorcycle Accident Case?

Now that we’ve answered the question, “Is lane splitting legal,” it is time to address what could happen if you are in a motorcycle accident where lane splitting or lane filtering were factors. In Wisconsin, contributory negligence laws will be considered when a lane splitting accident is investigated.

This means that in a lane split, which is forbidden by the motorcycle laws of the state, you may be deemed partially at fault in an accident. You must be deemed 50% or less at fault for causing the accident or you will be barred from recovering compensation. The insurance company will try to find a way to blame you because you were lane splitting. It is always best to consult a personal injury attorney who can help protect your legal rights.

In short, if you were engaged in lane splitting between traffic lanes, it is illegal. Even though lane splitting is a common practice despite these specific laws, they will claim your behavior played a role in your injuries.

Steps to Take After a Wisconsin Lane Splitting Accident

It is important to remember that even if you are obeying traffic laws and the speed limit, if you get into an accident on your motorcycle, you could be blamed. When you engage in lane splitting between traffic lanes, even if you are going at the ambient traffic speed while you split lanes, it is illegal.

Still, other motorists in the surrounding traffic are often the ones who fail to pay attention to motorcyclists, especially when you are lane-splitting in Wisconsin. The only state that permits this action on a motorcycle is California.

When you are in an accident due to lane splitting, it is important to follow proper protocol. These steps will help you preserve your legal options in a lane splitting accident.

Seek Medical Care

After any accident, you should call the police to report the accident. You should request emergency medical services if you are hurt. You may not notice any injuries, but it is still necessary to get treated to address any known or unknown injuries.

Exchange Info with Other Motorists

All traffic laws require those involved in a crash to exchange information. This should also be done with any witnesses.

Gather Evidence

If you are able to take photos or videos of the accident scene, they may be able to help your case.

Learn More About Your Legal Rights with a Motorcycle Accident Attorney

Lane splitting between one traffic lane and the next is not legal in Wisconsin. Whether you are being accused of this action or you were engaged in a lane split when your accident occurred, it is vital that you speak with an attorney who is well-versed in the state’s motorcycle laws.

Another driver may have acted negligently, which would make them liable for your injuries. Contact GTW Lawyers to schedule a free initial consultation.

June 3, 2024/by Gingras, Thomsen & Wachs, LLP

News

How Long Does It Take to Get a Personal Injury Settlement Check?

When you have a personal injury lawsuit, there’s a strong chance that you will reach a settlement agreement rather than having to go to trial. Once personal injury cases are resolved by way of an acceptable settlement offer, you may be eagerly awaiting your settlement funds. However, before you get a settlement check, there are a few things that need to happen to finalize your personal injury case first.

Gingras, Thomsen & Wachs, LLP, also known as GTW Lawyers, is a trusted law firm that focuses on personal injury cases and recovering a fair settlement for each client. Our law offices are diligent in the settlement agreement process to help it go smoothly. This informative blog post explains more about what is involved in receiving your personal injury settlement check to know what to expect when your case is concluded.

Understanding the Settlement Process For Personal Injury Claims

Before you get your settlement check from the insurance company for your personal injury claim, there are a few things your personal injury attorney must do. Whether for a car accident settlement or another type of personal injury, a settlement release needs to be signed. Your personal injury lawyer should review the settlement documents to ensure everything is in order first.

Once all the documents have been reviewed and approved, your lawyer will advise you to sign them. They might need to be signed in front of a notary. The insurance company can then begin the payment process, though you will not receive your personal injury settlement on the same day or most likely even the same week.

What Could Cause a Delay of the Settlement Check?

Awaiting your settlement check may seem stressful as you likely need it for your financial recovery. With medical bills, other medical expenses, lost wages, and other financial losses caused by the at-fault party in your car accident, you might desperately need compensation.

Even if the insurance company sends the total settlement promptly, there could be other reasons you experience delays.

Weekends and Holidays

Banks need to be open for the money to be processed from insurance companies. This means that you can only count business days. If your check for the settlement amount arrives late on a Friday or a holiday weekend, you should expect a delay before your attorney can get it into your trust account or escrow account.

Bank Delays

In addition to holidays and weekends, banks may cause delays when clearing the money. This is common with large checks as they want to confirm that it is legitimate. Depending on how much the insurance companies pay you in compensation, you could wait an additional week, or longer.

Delays with the Insurance Company

Sometimes, delays arise with the insurance company in the time between receiving the signed release and writing the check. Certain insurance companies only cut checks on specific days or may only process payments a few times a month. It depends on their methods of providing this form of pay, which may mean you’re waiting more than six weeks for your compensation.

Medical Liens and Other Reductions

Medical costs for your accident claim that are paid by certain medical providers may have the legal right to be paid before you recover. Other parties that have paid for your medical care may claim the right to be repaid out of a settlement. GTW lawyers know how to maximize your recovery when it comes to paying back the companies that paid for your accident-related medical care. Your lawyer will handle distributing these payments to those other parties. You could face legal action if you do not settle those debts from your accident.

How an Experienced Personal Injury Attorney Can Help You with Your Settlement

While some delays can’t be controlled, your legal team will do everything they can to help get your settlement to you more quickly. Be aware that in addition to liens, you must consider attorney’s fees and other legal fees that will be deducted from your settlement.

Since your attorney will work on a contingency basis, you don’t need to pay anything upfront. You will only need to pay a percentage of your settlement when your attorney successfully wins your personal injury claim.

How long does it take to get your check? You will not receive a check until your case actually settles. If court approval is needed or your attorney recommends you wait until maximum medical improvement, it might take a while. However, it will be worth it when you are awarded a settlement that fairly compensates you for your damages.

The personal injury law firm of GTW Lawyers has successfully settled many cases. You can learn more about how we can help you with your personal injury through a free consultation.

June 3, 2024/by Gingras, Thomsen & Wachs, LLP

News

10 Common Rear-End Collision Injuries

Gingras, Thomsen & Wachs, LLP has years of experience handling personal injury cases. The harrowing experience of being involved in rear-end accidents can have a devastating impact on individuals and their families. Below are 10 of the most common injuries rear-end collision victims experience.

1. Mental Health

When a person suffers a car accident, specifically a rear-end accident, one of the more severe injuries that can occur is not even physical but has to do with mental health. Experiencing a rear-end car accident can induce feelings of stress and anxiety, often leading to heightened stress and apprehension while driving. In some severe cases, the sudden movement of surrounding vehicles may even trigger emotional events, well after the fact.

2. Internal Injuries

Rear-end collisions resulting in internal bleeding and organ damage can lead to profound physical consequences. Beyond the immediate medical concerns, the accident victim may grapple with chronic pain, disability, and psychological distress.

3. Back Injuries

The impact of a rear-end accident can jolt the spine. Back injuries such as herniated discs, sprains, or fractures can lead to a spinal cord injury. Spinal discs, when injured, can cause severe back pain, which may require extensive medical treatment and even rehabilitation.

4. Spinal Cord Injuries

In severe rear-end crashes, damage to the spinal cord can occur. Paralysis or loss of sensation below the injury site is also possible. These life-threatening injuries demand medical care and support for the individual and their loved ones.

5. Brain Injuries

The force generated by a rear-end car accident can cause the head to hit the steering wheel, which may lead to the brain striking the skull. This causes what is referred to as a traumatic brain injury or TBI. Symptoms range from mild confusion to profound cognitive impairment. Prompt medical evaluation and treatment are critical.

6. Facial Injuries

Facial injuries not only cause physical repercussions but can result in emotional trauma due to disfigurement. When a rear-end collision occurs, the airbag may deploy, and the collision forces can cause eye injuries, lacerations, contusions, and fractures.

7. Chest and Rib Injuries

Other common injuries from a rear-end car accident are those to the chest and ribs. The sudden deceleration can cause occupants to be forcefully propelled forward. These injuries typically occur due to the seat belt or collision with the steering wheel or dashboard.

8. Shoulder Injuries

A common injury from a rear-end wreck is a shoulder injury. Rotator cuff dislocations or tears are common. These injuries can limit mobility and cause chronic shoulder pain, drastically affecting your daily life and activities.

9. Arm and Wrist Injuries

The impact from even a minor rear-end collision can cause occupants to reach out to brace themselves, resulting in wrist and arm injuries including broken bones, sprains, and strains. Immediate medical intervention is essential to prevent long-term complications.

10. Ankle and Foot Injuries

Ankle and foot injuries can range from minor sprains to broken bones, which may require surgical intervention. Accident victims are vulnerable to lower extremity injuries due to impact or even from being pinned by debris.

Seeking Immediate Medical Attention

After an auto accident, it’s paramount that you seek medical attention. Some injury symptoms may not manifest immediately, even if the injuries seem minor. Prompt evaluation can ensure timely treatment and documentation of injuries for your insurance company and for potential legal claims.

Legal Rights and Options

Gingras, Thomsen & Wachs, LLP can guide you through the legal process and advocate for your rights with compassion. As a victim of a rear-end accident, you have legal rights and options for seeking compensation. Whether you suffered minor or severe injuries, an experienced personal injury attorney will be your biggest advocate.

Preventing Rear-End Collisions

Even when driving at low speeds, car accidents can happen. Simple measures such as maintaining a safe following distance, avoiding distractions, and obeying traffic laws are essential in avoiding rear-end accidents. While we strive to provide exceptional legal representation, we also emphasize the importance of avoiding rear-end collisions altogether.

Our Commitment

At Gingras, Thomsen & Wachs, LLP, we are committed to helping individuals who have suffered following all types of car collisions. If you or a loved one has suffered injuries following a rear-end crash, contact us for a free consultation and allow us to help you obtain the compensation you deserve.

April 30, 2024/by Gingras, Thomsen & Wachs, LLP

News

Step-by-Step Guide for Filing a Personal Injury Claim

Gingras, Thomsen & Wachs, LLP is a premier law firm with a distinguished track record. We stand as the beacon for legal experience in personal injury claims. We are committed to empowering individuals seeking professional advice and a fair trial process. We strive to illuminate the intricate process of filing a personal injury case, leveraging our extensive experience with personal injury cases to provide valuable insights and step-by-step instructions.

Overview of Personal Injury Claims

Understanding the nuances of personal injury lawsuits is essential in navigating the complexities of the legal system. An experienced personal injury lawyer is paramount to helping you take on the insurance company. Personal injury claims constitute a legal avenue for individuals to seek compensation for injuries sustained due to intentional actions or negligence of another party. Personal injury claims encompass a wide array of scenarios, including workplace injuries, medical malpractice, car accidents, wrongful death cases, and slip and fall accidents.

Step-by-Step Guide for Filing a Personal Injury Claim with Gingras, Thomsen & Wachs, LLP

Initial Consultation: At Gingras, Thomsen & Wachs, LLP, we understand that an injury claim can be stressful. This is why we offer free initial consultations so you can speak with an experienced attorney with no financial loss. During this meeting, we review your case, assess your injury, and clarify your legal rights and options.
Case Evaluation and Strategy Development: Drawing upon our wealth of experience, we will craft a customized legal strategy tailored to your situation. Following our initial consultation, our adept legal team will evaluate your case.
Documentation and Evidence Gathering: Compiling compelling evidence is key to the success of any claim involving personal injuries. Our skilled personal injury lawyers will guide you through the process of gathering relevant documentation, such as accident reports, medical records, photographic evidence, and even witness statements, all of which will help bolster your case, ensuring maximum compensation.
Negotiation and Settlement: Our skilled personal injury attorneys will advocate for your best interests, striving to secure a fair and equitable settlement that will adequately compensate you for lost wages, medical bills, and damage to personal property.
Litigation Process: With unwavering dedication to our clients throughout the legal process, your injury attorney will tirelessly pursue justice on your behalf. If negotiations prove futile, Gingras, Thomsen & Wachs, LLP stand ready to pursue compensation through a lawsuit.
Alternative Dispute Resolution: Reaching a satisfactory resolution outside of the courtroom is possible. We recognize the potential benefits of alternative dispute resolution methods such as arbitration or mediation. With GTW Lawyers, we will explore all avenues for resolving your claim amicably and efficiently.
Trial: If negotiations and mediation fail, Gingras, Thomsen & Wachs, LLP will go to trial to make sure justice is served. We pride ourselves on having top caliber trial lawyers who are not afraid to go to court to prove your case.

The Importance of Hiring an Attorney

Enlisting the services of an experienced personal injury attorney is paramount even in small claims. Gingras, Thomsen & Wachs, LLP can serve as your staunch allies throughout every stage of the claims process, starting with our free initial consultations. We have an unwavering commitment to offering the best legal representation to help you focus on your recovery while we focus on securing a fair personal injury settlement.

Tips for Gathering Evidence and Documenting Injuries

Seek Medical Attention: Accident victims must immediately seek medical treatment. Your health is of the utmost importance.
Preserve Evidence: Gathering relevant documentation such as medical records and witness statements at the scene of the accident is important for your insurance claim.
Document Injuries: Document your accident injuries with photographs, proof of medical treatments, and detailed descriptions of lost income and limitations.

Negotiation, Litigation, and Alternative Resolution:

Throughout the legal process, our attorneys at Gingras, Thomsen & Wachs, LLP are experienced at securing favorable outcomes on your behalf. During negotiations with the parties involved, we leverage our legal skills and insight to minimize stress and uncertainty while maximizing compensation. Our seasoned litigators can be your advocates throughout the process. Additionally, alternative dispute resolution measures such as arbitration and mediation can provide cost-effective ways to streamline your claim and avoid a court trial.

Providing Assistance for Further Assistance and Support

GTW Lawyers provide unwavering support to individuals dealing with the aftermath of a major accident. Whether grappling with property damage, seeking medical care, or facing other challenges, a legal professional from Gingras, Thomsen & Wachs, LLP will tirelessly advocate for you.

April 30, 2024/by Gingras, Thomsen & Wachs, LLP

News

What Is Considered Road Rage?

Gingras, Thomsen & Wachs, LLP is a distinguished legal firm renowned for its expertise in personal injury cases. In personal injury law, road rage incidents stand as egregious examples of vehicular misconduct, posing serious threats to individual well-being and public safety.

GTW Lawyers endeavor to shed light on the legal intricacies surrounding this unfortunate phenomenon. The consequences of road rage can vary, especially when considering accident circumstances. Road rage drivers may suffer more than permanent injuries. Without a skilled car accident attorney and proper police reports, a road rage accident can severely change your life even if you don’t suffer permanent injuries.

Defining Road Rage and Its Characteristics

Within the legal context, road rage encompasses a wide spectrum of aggressive behaviors exhibited by drivers. Frustration behind the wheel, traffic violations, unsafe lane changes, congestion, traffic delays, perceived slights, driving too slowly, and speeding are all factors that may trigger road rage.

Road rage behaviors may manifest in many forms, including aggressive driving behaviors, verbal altercations, obscene gestures, reckless driving maneuvers, aggressive gestures, vehicle collisions, and physical confrontations with other motorists at the accident scene.

Common Forms of Aggressive Driving

Aggressive driving, which is a precursor to road rage, may manifest through several actions such as ignoring traffic laws, tailgating, speeding, aggressive driving maneuvers, and sudden lane changes—ignoring the well-being of other drivers and road users. These behaviors intensify tensions on the road. When road rage escalates, the potential for culminating in dangerous confrontations between motorists increases.

Legal Consequences and Penalties

In the eyes of the law, road rage is a significant infraction. Courts recognize the danger of road rage. Depending on the jurisdiction and specific circumstances, penalties can include license suspension, fines, and mandatory anger management courses.=

Some egregious cases may even include incarceration if the incident caused injury or property damage. A road rage incident may constitute a serious offense in the eyes of the law, subject to legal repercussions commensurate with the severity of the accident.

Actions to Take When Encountering Road Rage

Prioritizing personal safety is paramount when encountering a road rage incident. Safely disengaging from the aggressor is prudent to avoid escalating the situation. Refrain from retaliation. If a car accident occurs due to the other driver’s road rage, promptly report the incident to law enforcement authorities. This ensures there will be a police report, which will make filing a claim or taking legal recourse much easier.

Assistance for Victims of Road Rage

At Gingras, Thomsen & Wachs LLP, our team focuses on navigating the complexities of road rage car accident claims. Leveraging our expertise in your car accident claim can ensure just compensation from the responsible driver’s insurance company.

Lost income, permanent physical injuries, emotional trauma, and large medical costs can greatly impact your mental well-being. GTW Lawyers advocate for victims of road rage accidents, offering comprehensive support and compassionate legal representation throughout the process. With a skilled car accident lawyer, you have protection after an accident with an aggressive driver.

Our Clients Testimonials

Gingras, Thomsen & Wachs, LLP understands the legal implications of an accident and how it may change your life drastically. We are committed to helping you prove the other driver’s negligence. If you’ve been injured in any kind of car accident, don’t hesitate to reach out to our team of Wisconsin accident lawyers for legal support.

Gingras, Thomsen & Wachs, LLP Commitment

GTW lawyers work tirelessly to uphold the rights of those harmed by reckless and aggressive driving behaviors. The aftermath of a motor vehicle accident can be difficult to manage on your own, and we don’t believe you should have to suffer because of another driver’s negligence.

Understanding the legality of road rage is imperative for safeguarding individual rights and promoting road safety. Gingras, Thomsen & Wachs, LLP remains steadfast in our mission to be the champion for the victims affected by road accidents. We offer unparalleled legal expertise and unwavering support as we pursue monetary recovery.

April 30, 2024/by Gingras, Thomsen & Wachs, LLP

GTW Cases, News

Thomsen Reaches Settlement With City of Milwaukee on Behalf of a Blind Client Injured Falling Into an Unguarded Hole in the City Sidewalk and Advocates for Higher Personal Injury Damage Caps for Municipalities

GTW partner Mark Thomsen of our Milwaukee personal injury legal team reached a $45,000 settlement with the City of Milwaukee on behalf of his client Arthur Ward, a blind man who sustained a neck injury when he fell due to a hole in the city sidewalk.

In July of 2019, Ward was walking near Butterfly Park where utility work was taking place. Because of this, there was a large hole where a portion of the sidewalk was entirely removed.

Since he is legally blind, Ward uses a cane to alert him where curbs and other obstructions are located. However, no barriers or protective measures were placed near the missing sidewalk, causing Ward to fall into the hole.

Many personal injury law firms do not file lawsuits for such matters against cities and villages because Wisconsin law has placed a $50,000 limit on the amount of damages an individual can recover.

Mark Thomsen of Gingras, Thomsen & Wachs Lawyers felt it was imperative to help Ward secure justice and advocate for wider legal change.

“Wisconsin needs to up the cap,” Thomsen said. “That cap has been $50,000 forever, and it just is not enough to cover people these days.”

Thomsen also believes the entire process needs to be revisited so injured individuals like Ward don’t have to wait so long to be compensated.

Ward and Thomsen filed the initial Notice of Injury and Claim with the City of Milwaukee in November 2019. After several years with no progress, Ward ended up suing the city in the summer of 2022.

Thomsen noted that it’s fairly common for cities to ignore similar injury claims. He suspects it’s because people are discouraged from taking the next step of filing a lawsuit, knowing the $50,000 maximum is in place and they’ll have to pay legal fees.

While Thomsen and Ward feel justified by the settlement in this case, both hope the situation will lead to a discussion about improving safety and personal injury protections for all Wisconsin residents moving forward.

View the full complaint here.

Additional News Coverage
https://www.cbs58.com/news/blind-man-receives-45k-settlement-after-unmarked-missing-sidewalk-causes-fall

November 22, 2023/by Gingras, Thomsen & Wachs, LLP

GTW Cases, News

$1 Million Settlement Awarded to Client of Mark Thomsen After Milwaukee County Jail Failed to Provide Medication for Schizophrenia

Milwaukee partner Mark Thomsen is the lead civil lawyer on the legal team responsible for helping the Wesley family receive $1,050,000 from Milwaukee County’s insurer after the County’s contractor, Armor Correctional, failed to provide Omar Wesley with mental illness medication during his time at the County Jail.

Omar was first diagnosed with paranoid schizophrenia when he was 21 years old. Omar was later arrested for attempted bank robbery but was ultimately found not guilty due to mental disease or defect because of his mental illness. He was held in the Mendota Mental Health Institute for treatment. In 2016, he was ready to be released to the community because his daily treatment with the antipsychotic drug clozapine had resolved most of his symptoms.

Tragically, while he was being held in the Milwaukee County Jail awaiting his release and freedom, Omar was not given his daily necessary prescription of clozapine which caused him to decompensate and again suffer from horrific hallucinations, delusions and symptoms of mental illness. He was then returned to Mendota.

“This was completely preventable. All they had to do was give Omar, a human being, the medication for his mental illness. That would have been it,” said Thomsen.

Thomsen and the Wesley family hope the settlement for the personal injury will help to highlight mental health issues in the criminal justice system and encourage others to push for real change.

Additional News Coverage:

https://www.tmj4.com/news/local-news/milwaukee-mom-advocates-for-changes-in-jail-after-son-did-not-get-mental-health-medication

https://www.jsonline.com/story/news/local/milwaukee/2019/07/03/lawsuit-claims-milwaukee-man-left-without-medication-jail/1640784001/

https://www.jsonline.com/story/news/local/milwaukee/2023/10/06/lawsuit-over-deprived-meds-in-milwaukee-county-jail-settles-for-1m/70995016007/

September 21, 2023/by Gingras, Thomsen & Wachs, LLP

GTW Cases, News

Thomsen Represents Family of Man Who Died in Waukesha County Jail

Milwaukee partner Mark Thomsen is representing the family of Randy Glenn, a father of six who died while in custody at the Waukesha County Jail. Criminal charges were recently filed against a lieutenant with the Waukesha County Sheriff’s Department and a contracted nurse responsible for medical care at the facility. As the complaint asserts: “[Randy Glenn’s] death could have been prevented.” Glenn was denied his constitutional right to be provided with adequate medical care and was not sufficiently treated, monitored or promptly sent to the hospital despite signs of medical distress.

“When you hold someone in custody, you have a constitutional obligation to provide them medical care.” – Mark Thomsen

Read the full complaint here.

Additional News Coverage:
https://www.tmj4.com/news/local-news/two-charged-after-man-dies-in-waukesha-county-jail
https://www.fox6now.com/news/waukesha-county-jail-workers-charged
https://www.cbs58.com/news/2-charged-in-connection-to-in-custody-death-of-inmate-at-waukesha-county-jail
https://www.wisn.com/article/two-people-charged-in-waukesha-county-jail-death/44904895

August 29, 2023/by Gingras, Thomsen & Wachs, LLP

GTW Cases, News

Thomsen Files Civil Lawsuit Against Neighbor Family on Behalf of Clients for Ongoing Harassment and Property Violations

Partner Mark Thomsen of Gingras, Thomsen & Wachs has filed a lawsuit for clients Carlos and Laura Amaya against their neighbors, James and Cindy Coots. The lawsuit seeks legal recourse and compensation for repeated incidences of vicious acts from 2019-2022 that included trespassing, nuisance, infliction of emotional distress, racial slurs, and threats of gun violence and physical harm.

The Amaya family is backed by Forward Latino, a national nonprofit organization based in Milwaukee. Attorney Thomsen serves as Forward Latino’s civil rights legal advisor and was brought onto the case by Darryl Morin, the organization’s president and chairman of the board.

“The Amaya family has lived with hateful neighbors, and it cannot be tolerated,” Thomsen said. “You should be able to live any place in Racine County free of hate, and particularly free of racial hatred. We look forward to taking the Amayas’ case to the court.”

Tensions between the Amayas and the Cootses began in May 2019 after the Cootses moved in next door, and installed cameras and bright lights directly facing the Amayas’ home. Despite repeated requests for their removal, the Cootses refused.

The situation continued to escalate for several years and involved multiple derogatory remarks towards the Amayas, a pattern of false accusations to the police about the family and escalating threats toward them.

James Coots threatened to kill not only Carlos, but also the Amayas’ children and dog. Cindy Coots also confronted the Amayas with a loaded handgun, pointing it at the family.

The Amayas seek relief from the court to address the ongoing harassment, physical threats, property violations and emotional distress inflicted by the Cootses. Their goal is to restore their right to live peacefully in their home without interference, as they did in the five years before the Cootses moved in next door.

“As a personal injury lawyer and trial lawyer, we have to step up and help protect people. This case provides a real opportunity in Racine County to send the message that everybody has the right to live here and be safe in their home regardless of their race,” Thomsen said.

Read the full complaint here.

Additional News Coverage

https://www.tmj4.com/news/local-news/mount-pleasant-family-sues-neighbors-claiming-years-of-harassment-violent-threats

https://www.wisn.com/article/neighbor-feud-in-mt-pleasant-leads-to-lawsuit/43981504

https://fb.watch/kK4Y_5xpcs/

May 24, 2023/by Gingras, Thomsen & Wachs, LLP