Lawmakers and WI Association for Justice want tougher penalties for using smart phones while driving

The bill announced today by Sen. Van Wanggaard, R-Racine, and Reps. Dana Wachs, D-Eau Claire, Ron Tusler, R-Harrison, and Shannon Zimmerman, R-River Falls, would prohibit drivers from using an electronic device to “enter, transmit or access data” while driving.

Wisconsin Association for Justice (WAJ) President Benjamin S. Wagner, and incoming WAJ President, Heath Straka joined the legislators to speak in favor of their legislation which:

1. Increases the scope of cell phone use prohibited while driving.
2. Increases the minimum fine for using a cell phone for reasons other than making a voice or hands free voice call to $100 to $400. Under current law the minimum penalty is $20.
3. Explicitly states in statute that a violation of this law, Wis. Stat. s. 346.89(3)(a) which causes death may be charged as Homicide by negligent operation of vehicle under Wis. Stat. s. 940.10.

Data-Distracted Driving Press Conference

1 in 5 crashes involve distracted driving — join us now live to hear how we plan to tackle the issue.

Posted by Rep. Ron Tusler on Thursday, June 22, 2017

June 22, 2017/by Gingras, Thomsen & Wachs, LLP

Personal Injury

What Happens When a Vaccine Makes You Sick?

Flannel season is flu season. Along with pumpkin spice lattes, sweaters, and apple-picking, Autumn ushers in the return of sniffles, sore throats, and sick days. For individuals and families, dodging the flu usually means a visit to a doctor’s office or a local pharmacy to receive the flu vaccine. The Centers for Disease Control and Prevention (CDC) considers the flu vaccine the single best way to protect against the flu. The vaccine itself operates by triggering the development of antibodies in the body just weeks after being administered.

Yet, the importance of vaccination extends beyond the influenza vaccine. Vaccines are on the front lines of public health in the United States, helping to contain chickenpox, measles, polio, and many other diseases. In some circumstances, the positive impact on public health has been staggering. For example, in 1921 alone, more than 15,000 Americans died from diphtheria. Thanks in large part to the vaccine, only a single case of diphtheria has been reported to the CDC since 2004[1].

Vaccine Injuries

Although vaccines operate to prevent disease, on rare occasions they can actually trigger them. Usually when a medical device, or any consumer product for that matter, causes an injury to someone, that person can recover for their injury by bringing a lawsuit. However, for vaccine injuries, the United States government implemented a unique mechanism for injured individuals to seek and find justice.

Vaccine Injuries Shielded from Litigation

In recognition of the great public value of vaccines, the federal government decided to shield the organizations who manufacture vaccines from the threat of lawsuit. Rather than expose their work to the risk of litigation, the United States Congress created a large slush fund through which individuals who suffer a vaccine injury can submit claims and ultimately receive monetary compensation. To fund the fund, as it were, Congress levied a $0.75 fee on the cost of vaccines. The impact of the revenue generated and distributed because of this fee is substantial. Indeed, since its inception, this fund distributed nearly $3.5 billion dollars to individuals suffering from vaccine injuries.

The program through which money from this fund is distributed is called the National Vaccine Injury Compensation Program, or VICP. The VICP is a unique system, operating what is known as a “no-fault” method for recovery. That is, when the claim is approved, no one is deemed at fault for the relevant vaccine injury. Instead, a court may simply award money to an individual who submits a petition and corresponding evidence of their vaccine injury. Unlike a traditional lawsuit, the injured individual is not required to show that someone else’s negligence caused their injury; rather, a claim will be processed so long as it demonstrates that someone received a vaccine and the vaccine resulted in a disease or other injury. Additionally, as long as some basic requirements are met, the VICP will reimburse individuals for their attorney’s fees. All in all, the VICP offers those injured by a vaccine with a streamlined process to recover for their injuries.

At GCW, attorney Heath Straka is admitted to practice before the court that handles VICP claims. If you believe you may have such a claim, contact Heath at 608.833.2632 or [email protected].

[1] https://www.cdc.gov/vaccines/vac-gen/whatifstop.htm

October 28, 2016/by Gingras, Thomsen & Wachs, LLP

Personal Injury

Slip and Fall Accidents and Spinal Injuries

Step on a Crack, Break Your Back: Spinal Cord Injury Risks for Slip and Fall Accident Victims

When you think about slip and fall injuries, you usually think of minor bumps and bruises, or perhaps a sprained ankle or wrist. However, depending on the conditions of the fall, where it took place, what caused the accident, and where the impact occurred, a slip and fall injury could be extremely serious. According to slip and fall injury statistics provided by the National Floor Safety Institute, every year more than two million victims of slip and fall accidents are treated in emergency rooms for serious injuries. One of the most debilitating of these injuries is spinal cord damage, which has an unusually (and alarmingly) high risk factor.

Accidental falls account for nearly 30 percent of all spinal cord injuries, making them the second leading cause for all spinal cord injuries (second only to auto accidents), according to the National Institute of Disability and Rehabilitation. Although the majority of these injuries are caused by severe and direct impact of the spine, neck or head, injuries can vary from minor spinal cord bruising to life-altering and irreversible damage.

Typical Spinal Injuries Caused by Slip and Fall Accidents

When a person trips or slips on something, he basically has four options in which to fall: forward, backward, or onto his left or right side. If his momentum forces him backward, the impact force when his back, spine, neck, and head hit the ground can cause severe damage. This risk is further increased if he happens to land on any sort of debris, which could cause him to break his back: the force will concentrate in the area where the spinal column hits the object rather than be distributed across the back. If the object is large and strong enough, gravity can force the rest of the body to curve around it, causing the spine to snap.

Every type of back injury could potentially be catastrophic, leaving the victim with long-term pain or permanent health problems. Common effects of spinal injuries include:

Difficulty breathing
Loss of bowel or bladder control
Loss of communication skills
Seizures and tremors
Internal bleeding
Brain damage
Difficulty moving or partial to complete paralysis

This is why it is important to follow the safety guidelines below when you have suffered a potential back injury from a slip and fall:

Assess the damage. Identify the locations of possible injuries and how much pain they have caused.
Don’t attempt to move if it hurts or any part of your body is numb. Spinal swelling or bruising could’ve occurred and any additional movement might make it worse.
Call for help. If you can’t move or are worried you seriously injured your back, call for emergency help.
Protect your rights. Once you’ve received proper medical care, call an experienced injury lawyer for advice about your medical rights and instructions on how to pursue a slip and fall injury claim for treatment compensation.

Your Legal Representation Choice for Slip and Fall Accidents

Spinal cord injury treatments and recovery can be not only long and arduous but extremely expensive. Contact our Slip And Fall Lawyers in Waukesha today for a free consultation about whether you’re entitled to damages and compensation for your slip and fall accident. We can help you get the money you need and deserve for your treatment. Call today!

October 15, 2016/by Gingras, Thomsen & Wachs, LLP

Personal Injury

10 Factors That Can Impact Your Slip and Fall Injury Claim

After a slip and fall accident, you may be left facing severe injuries. These injuries may create a need for expensive and ongoing medical treatment; they can also keep you from returning to work for several weeks. As a result, you may need to file a slip and fall injury claim in order to seek compensation from the property owner where the slip and fall accident occurred.

Your chance for success when pursuing such a claim depends on several different factors.

10 Factors Influencing Your Slip and Fall Injury Claim

What factors can influence a slip and fall accident claim? The following are 10 examples:

The nature and extent of your slip and fall accident injuries.
What medical treatment you have received for your injuries.
The prognosis for recovery from your injuries and anticipated future treatments.
How recently the slip and fall accident occurred.
Whether you were lawfully present on the property at the time of the incident.
Whether the property owner took reasonable measures to keep the property well maintained and safe.
Whether the property owner regularly inspected the premises.
Whether there is a history of past slip and fall accidents on the premises.
Whether any attempts were made to warn visitors on the premises of the danger of a slip and fall accident.
Whether you took any measures that contributed to the fall, such as being intoxicated at the time of the accident.

If you were injured in a slip and fall accident, it is important to act quickly. Victims have only a limited window of time in which to file a legal claim against a property owner. For further information, we encourage you to contact our experienced slip and fall lawyers today at 888-357-7661.

September 15, 2016/by Gingras, Thomsen & Wachs, LLP

Personal Injury

Employer and Employee Obligations to Prevent Bypass Starting Tractor Accidents

Operating farm equipment in a safe manner is crucial to preventing injury. Unfortunately, too many farm workers choose to utilize unsafe practices. One such example is a process known as “bypass starting.” Bypass starting is the process of starting a tractor from the ground, bypassing the equipment’s normal starting system by other means. This is a very dangerous maneuver, however. There is a significant risk that the tractor could be in gear and run someone over as a result. To prevent tractor accidents and potential injuries, both employers and employees have certain responsibilities.

Employer Obligations to Prevent Tractor Accidents from Bypass Starting

What are the obligations of an employer to prevent tractor bypass starting injuries? The following is an overview:

Educate the equipment operators of the dangers of bypass starting.
Train employees to prevent bypass starting injuries.
Impose and enforce rules against bypass starting.
Place warning decals provided by tractor dealers on the equipment.

Employee Obligations to Prevent Tractor Accidents from Bypass Starting

Employees also have an obligation to prevent tractor bypass starting injuries. These obligations include the following:

Never start or operate farming equipment unless you have been properly trained to use it safely.
Never start a tractor unless you are securely seated in the operator’s position. Do not attempt to bypass start the tractor even if it will save you a few seconds.
Always wear a seat belt when operating a tractor and operate within the framework of the rollover protective structure.
Never bypass start the tractor from the ground.
Always ensure that the parking brake is on and the transmission is in park or neutral before starting the equipment.
Ensure that no one is standing near the equipment before starting it.

If you were injured by a tractor, you may be entitled to compensation. To learn more, we encourage you to contact our experienced farming accident lawyers today at 877-959-2760.

August 15, 2016/by Gingras, Thomsen & Wachs, LLP

Personal Injury

I Was Injured in a Farm Tractor Accident, Am I Entitled to Compensation?

After an injury caused by a farm tractor accident, you may face significant medical and rehabilitation expenses. You may also experience lost income as a result of your injuries. Fortunately, you may be entitled to compensation from the maker of the tractor depending on the facts and circumstances surrounding your accident.

4 Types of Farm Tractor Accidents

As a result of the size and features of a tractor, a farm tractor accident can often lead to serious injury or even death. If the tractor was defective or designed in a dangerous manner, the product’s maker may be liable for your losses. These accidents occur in many different forms. Common types of tractor accidents include the following:

Rollovers and overturns
Collisions
Entaglements
Running over

To pursue a claim for compensation against the maker or seller of a tractor, you must show that there was a defect in the design of the tractor, a defect in the manufacturing process used to make the tractor, or that the defendant failed to warn or knew of a danger associated with the normal use of the tractor. In some cases, the tractor may be recognized as a “dangerous instrumentality.” This means that the law could place strict liability on owners and manufacturers of tractors for any injuries incurred as a result of using the tractor.

While you may be entitled to pursue a claim for compensation against the manufacturer of a tractor after suffering an injury, you only have a limited period of time in which to do so. We encourage you to get started today by contacting our experienced farming accident lawyers at 888-357-7661.

July 15, 2016/by Gingras, Thomsen & Wachs, LLP

Personal Injury

Common Causes of Farm Accidents

No one who works in the farming industry is under the false impression that it is an easy industry in which to make a living. Unfortunately, there are many potential hazards at seemingly every turn. One of the biggest risks for farmers is the danger associated with the equipment that is used. Tractors are a big part of nearly every farm; however, they are often the source of farm accident injuries as well.

9 Causes of Tractor Farm Accident Injuries

Depending on the type of tractor accident that occurs, there are several potential causes. The following are common causes of tractor rollover accidents:

Improper hitching
Traveling up an incline that is too steep for the tractor to handle
Going too fast into a turn
Driving over holes in the fields
Driving too close to a ditch
Improper ballasting

Another type of tractor accident involves a tractor running someone over. Common causes of this type of tractor accident include the following:

An extra rider in the tractor who falls off
A bystander is not seen by the driver of the tractor
Bypass starting, which is the process of starting the tractor while still on the ground by bypassing the tractor’s normal starting system. If the tractor is in gear when someone attempts to bypass-start, it could run the victim over.

If you were injured in a farm tractor accident, you are likely experiencing significant financial, physical, and emotional harm. You may be entitled to compensation for your losses. For assistance pursuing a claim, we encourage you to contact our experienced farming accident lawyers today at 877-959-2760.

June 15, 2016/by Gingras, Thomsen & Wachs, LLP

Personal Injury

Common Farm Accident Injuries: What Are Your Risks?

Machine Failures, Chemical Exposures, and Failed Structures Put Farmers at Risk for Serious Injury

Agricultural farming is an extremely labor-intensive industry that requires a lot of hard work and determination. Unfortunately, it is also an extremely dangerous industry. In fact, injury risks are so high that the National Institute for Occupational Safety and Health (NIOSH) developed extensive agricultural safety and health programs specifically to address the high risks of injuries and illnesses experienced by agricultural workers and their families.In addition to physical accident risks, NIOSH’s programs also conduct research to address injuries associated with pesticide exposure, pulmonary disease, musculoskeletal disorders, hearing loss, and stress, which are all prevalent concerns in the agricultural health community.

However, it is this all really necessary? People have been farming for thousands of years. How dangerous can it truly be?

Short-Term and Long-Term Farm Accident Injuries

The U.S. Centers for Disease Control suggests that agriculture is one of the most dangerous businesses in the United States. An estimated 160 agricultural workers are injured every day as a result of workplace injuries, resulting in more than 58,000 injuries a year. In addition to the alarming number of injuries, nearly 400 farmers, agricultural workers, and farmhands die every year as a result of severe farming accidents.

The most common injuries sustained are as follows:

Crushing injuries. The most common cause of agricultural fatalities is due to tractor rollovers. When a tractor becomes unbalanced and tips, the rider is generally forced over as well, becoming crushed under the weight of the machine. Poor maintenance, heavy loads, and uneven ground increases the chance of crushing injuries even more.
Head, neck and spinal injuries due to falls. A significant portion of a farm worker’s day is spent at least five feet off the ground, due to tall farm equipment, chores, and locations such as silos, barns, grain bins, and haymows. Now, although five feet may not seem very high, when workers accidentally fall on their backs, necks, or heads, that distance is all it takes to cause serious—sometimes fatal—impact damage.
Farm machine entanglements. Farm workers can be seriously maimed, disfigured, or killed when they become caught in farming machinery such as augers, threshers, or PTO shafts.
Suffocation. Workers who become trapped in grain bins or silos can smother to death in minutes if not immediately rescued. Other enclosed spaces can also provide dangerous traps due to low oxygen levels or contamination by silo or manure gases.

When working on a farm or with farming equipment, it is essential that you not only follow proper safety protocols, but also know where to turn for injury compensation and help.

You Deserve More Than a Bushel and a Peck for Your Injuries

If you believe that a current injury or a recent injury of a loved one was a direct result of negligent safety precautions or machinery malfunctions, an experienced farming accident lawyer can help you get the justice you deserve.

We can provide you with the right tools and knowledge to make sure you get a fair and justified settlement, rather than the mere peck your insurer will offer. We can also help you report the incident to OSHA and have the agency perform its own investigation into equipment and safety protocols, which in turn could be extremely beneficial for your case.

Contact us today for a free consultation and more information about how our experience can help you and your family.

Do you want to make sure your loved ones are safe? Protect your friends and family from a potentially fatal farming accident with a simple click of your mouse by sharing this page. By helping to spread the word about farming safety and common dangers, you can help decrease the overwhelming rate of injuries and fatalities while helping your friends, family and coworkers stay safe and secure.

May 15, 2016/by Gingras, Thomsen & Wachs, LLP

Personal Injury

New Bike Helmets Improve Bicyclists’ Visibility

Be Seen, Be Safe – Neat Safety Item for Bikes

Lights on bicycles and bike helmets are not a new or novel idea. They have been around for longer than even I have been riding my bike. They’re often used for early and late season training rides when the sun comes up later, and it gets darker faster. I’ve also used helmet lights on night-time mountain bike rides (lights reflecting off of the eyes of squirrels, deer and other critters in the woods is pretty cool!).

Torch Apparel Bike Helmet

While most LED lights these days produce plenty of illumination for the bike rider to see where he or she is going, lights strapped to bikes and helmets are sometimes difficult for other road users (e.g. cars) to see, which makes it harder for them to see the bike rider. Enter Torch and Lumos, two new U.S.-based helmet companies.

Torch Apparel is based in Los Angeles. They are currently offering the T2 Bike Helmet, which is the second-generation Torch helmet.

The T2 is CPSC and CE certified (meaning that it meets certain standards of the US Consumer Product Safety Commission, as well as European Union directives and regulations), and contains 10 integrated LED lights, divided between the front and back of the helmet. The LED lights are protected by shatter-proof lenses. The helmet comes in a variety of colors and two rechargeable batteries are also included.

Lumos Bike Helmet

Lumos is a Boston-based company that has developed a bike helmet with 60 integrated LED lights that can be seen from every direction, as well as brake lights and turn signals.

The turn signals operate by wireless remote control and are on the front and back of the helmet. The remote attaches to the handle bars. The helmet also contains an accelerometer that turns the rear red lights a brighter red when it senses the bike rider slowing down. The lights are powered by a rechargeable battery. The Lumos helmet was also funded by Kickstarter and has gone through a Beta test. The helmets are not yet in production, but you can get on the pre-order waitlist by going to the Lumos website.

Unfortunately, for many bicyclists, this information may not be discovered until after an accident has already occurred. The good news for injured victims, however, is that our bike injury lawyers are here to help.

May 1, 2016/by Gingras, Thomsen & Wachs, LLP

Personal Injury

7 Steps to Take After an Out-of-State Truck Accident

Injured in an Out-of-State Truck Accident? Take These Important Steps

Every day, at virtually any time and place, an accident involving a large truck can occur. Unfortunately, this may mean that victims find themselves suffering injuries and property damage as a result of a truck accident while traveling out of state. Victims must take the proper actions after an accident because they may be entitled to compensation for their losses.

Seven Steps to Take After an Out-of-State Truck Accident

What should you do after an out-of-state truck accident? Consider taking the following actions:

Contact your attorney. Even if your lawyer is not licensed in the state where your accident occurred, his or her advice and guidance will likely be extremely valuable after a truck accident.
Contact the local police. In many cases, someone else will call to have police respond to the accident scene; however, if no one has called, it is important that you do so.
Take care of yourself. First and foremost, it is important that you seek medical attention to evaluate and treat your injuries. From a legal perspective, it is also crucial that you document the treatment that you receive, the costs you incur, and your efforts to follow through with your doctor’s orders.
Avoid making any statements without first consulting your attorney. While it is important to cooperate with the police, it is vital to the success of your legal claim that you not make statements that could potentially be used against you. This is especially true when you are out of state and subject to the laws of another jurisdiction that you may be unfamiliar with.
Contact your insurance company to start the process of pursuing a claim. You may also need assistance obtaining out-of-state towing, auto repairs, and car rentals.
Avoid speaking with the truck driver or witnesses to the accident following the crash. Exchanging contact and insurance information is important; however, speaking about the accident further could potentially harm your legal case.
If possible, take pictures of the accident scene and obtain the names and contact information of any witnesses. This is especially important since you may need to leave the state where the accident occurred relatively quickly after the crash.

Understanding what to do after a truck accident requires the guidance of an experienced car accident lawyer. For assistance, we encourage you to contact us today at 888-357-7661.

April 15, 2016/by Gingras, Thomsen & Wachs, LLP

Personal Injury

Dangerous Pharmaceutical Risks You May Not Know

Drug Recall Risks: Are You Sure Your Medications Are Safe?

Are you one of the 220 million people in the United States who takes over-the-counter medication? How about one of the 160 million who take at least one prescription drug, or one of the 32 million who take five or more different medications on a daily basis? If you answered yes to any of these questions, or fall into the Centers for Disease Control’s projections for future prescription use, you need to learn your potential pharmaceutical risks before it’s too late.

Dangerous (Yet Common) Risks of Pharmaceuticals

The U.S. has a staggering rate for drug recalls. Every month, an estimated 20 pharmaceutical drugs are placed on the watch list for investigation into health risks and potentially dangerous side effects. These drugs are brought to the attention of government regulators through independent studies, investigations and personal accounts from victims of the drugs themselves.

Unfortunately, being added to this list doesn’t necessarily mean a drug will be recalled. Although it does mean that it is under investigation for causing harm, the drug may still be allowed to be distributed. This is why it is important to understand common overall risks involved with pharmaceutical drugs, in order to discuss them with your physician as well as be able to identify them before it’s too late.

Common pharmaceutical side effects reported to the Food and Drug Administration are as follows:

Fatigue or sleep disturbances. Difficulty sleeping or excessive bouts of being tired.
Rashes, breakouts, and allergic reactions. Pink, red or bruised skin accompanying dry, itchy, raised or bumpy patches, acne, hives, asthma-like symptoms, inflammation, or swelling.
Severe headaches or migraine headaches. Frequent headaches may be accompanied with sensitivity to light, sound, or temperature.
Breathing problems. Shortness of breath, difficulty breathing or wheezing.
Liver and kidney damage or failure. Swollen or painful abdomen; urine and stool changes (smell, color, frequency); nausea; skin discoloration or irritation; fatigue; increased levels of potassium, urea, and acid in the blood.
Neurological damage. Headaches, mood swings, fatigue, difficulty moving or speaking, memory loss.
Motor function instability. Paralysis, seizures, shaking, and decrease in motor function
Psychological dependency. Addiction or inability to function mentally without overusing.
Palpitations. Irregular heart rhythms or excessive heart rate
Death

On a Scale From One to Ten, How Do You Feel?

Given the potential risks involved, do you think it’s appropriate for doctors to continue prescribing medications in which they’re unsure of the effects? Do you think the FDA should require more extensive investigations before drugs are approved? Should all drugs be forced to through FDA approval, even if they’re similar to other drugs? How do you feel about your risks?

Need more information about dangerous drug claims, rights, and options? Contact us today for a free consultation with our experienced personal injury lawyers. We’ll be more than happy to answer your questions and get you on the track for justice.

April 11, 2016/by Gingras, Thomsen & Wachs, LLP