Tag Archive for: Gingras

UPDATE: Sunday, January 26th is the two-year anniversary of the arrest and tasing of Milwaukee Bucks guard Sterling Brown.

Brown sued the City of Milwaukee and Milwaukee Police Department in June 2018, and his lawyer Mark Thomsen said they’re hoping to see a new settlement offer in the coming weeks.

“If the case is going to settle, it’s going to settle in the next two weeks, and if it doesn’t settle in the next two weeks, we’re going to go right back to taking depositions, including the (police) chief,” Thomsen said.

Read more about this case here.


Watch the full press conference below for the latest updates on Mr. Brown’s case.


UPDATE: On Tuesday, October 8th, Mr. Sterling Brown and Gingras, Thomsen & Wachs Lawyers filed paperwork to strike the Milwaukee Common Council’s settlement offer of $400,000, referencing the deposition of Milwaukee Police Officer, Erik Andrade.

“Mr. Brown deserves more than a mere apology,” said GTW attorney, Mark Thomsen. “He, as any human being, citizen of the USA, is entitled to an express vindication that his constitutional rights have been violated. He is entitled to no less.”

There will be a press conference on Thursday, October 10th at 10:30 a.m. at Milwaukee City Hall where more details will be discussed.


UPDATE: On Wednesday, September 4th, a $400,000 settlement was offered to Sterling Brown to settle his lawsuit against the Milwaukee Police Department. GTW attorney, Mark Thomsen, said Mr. Brown’s fight for justice isn’t just about money, but rather the City of Milwaukee admitting to their wrongdoing.

“Until we see the terms of it, we won’t be able to address the specifics,” said Mark Thomsen, Brown’s attorney.

See the full recap below.

 

UPDATE: Today, May 31, 2019, Mark Thomsen, attorney at Gingras, Thomsen & Wachs, LLP, gave a press conference on behalf of Mr. Sterling Brown in regards to his lawsuit filed in 2018.

“I can only say on behalf of Mr. Brown that we are waiting to see whatever this offer is if in fact the resolution is taken up by the city council,” said Mark Thomsen.

There is a representation of $400,000, but it is unknown what that amount includes.


UPDATE: In an interview in TODAY’S TMJ4 News at 6pm, GCW Attorney Mark Thomsen continues to speak out against the city’s response saying Mr. Brown was “treated less than human” by the Milwaukee police. He believes the encounter didn’t have to end like it did and that the city needs to do more, and not just for Sterling Brown. “If you don’t name the problem or identify it, you can’t fix it,” says Mark Thomsen. “And if you continue to bury it, you promote it.”

“To my friends and fellow citizens that say Mr. Brown should have done more,” says Mark Thomsen, “Look into your mind and your heart.”


 

UPDATE: In an interview with Shannon Sims from TODAY’S TMJ4, Mr. Brown stated that he had yet to receive a formal apology from the Milwaukee Police Department for tasing him on January 26, 2018 after parking in a handicapped-accessible spot. At this time it is unknown whether or not Mr. Brown will receive an apology.

Since the incident has happened over a year ago, Mr. Brown has revealed how he has been able to move forward since that day. “Basketball has helped me a lot,” Sterling Brown said. “It helped me keep my mind focused on something … I wasn’t able to just drift away and dwell in what happened and let it eat me up.”

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UPDATE: After a long testimony on December 19th, the Milwaukee Fire and Police Department sustained the decision to fire police officer Erik Andrade, after the controversial arrest of Sterling Brown back in January.

GCW attorney, Mark Thomsen, was pleased with the FPC’s decision, however, he believes more needs to be done.

“That type of racist conduct is unacceptable. Until they change their legal position and admit that this was a racist attack, we’re not going to get very far,” said Thomsen.

_____________________________________________________________________________________

Sterling Brown

UPDATE: A telephone conference hearing was scheduled for November 21 with Sterling Brown’s attorney, GCW’s Mark Thomsen, and Eastern District of Wisconsin magistrate judge David E. Jones. During this hearing a potential trial date would be set for Mr. Brown’s lawsuit against the city of Milwaukee and the Milwaukee Police Department (MPD).

On August 25, the city of Milwaukee and MPD took no blame in the arrest and stated that it was Mr. Brown who was entirely at fault. “Mr. Brown remains willing to work with the city to try to resolve this lawsuit in an amicable fashion,” said Mark Thomsen.

In an interview on November 8, Mr. Brown stated that he has been getting a lot of support from “notable” people throughout the NBA and he is remaining positive.

Thomsen said Mr. Brown would not be on the conference call and would not be making any further comment until the city of Milwaukee moved forward.

Meanwhile, Mr. Brown teamed up with his brother, former NBA guard Shannon Brown, to introduce a new charity foundation called S.A.L.U.T.E. (Sacrifice, Ambition, Loyalty, Unlimited, Truth & Education).

“Our foundation embodies things that should be instilled in the youth so they could lead successful lives,” said Sterling Brown. “We want them to do something for their lives to help them get out of the ‘hood and unfortunate situations.”

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UPDATE: New body cam footage has been released from the night of Sterling Brown’s arrest, showing clear shots of a police officer using a Taser on him. The new video shows police pinning Mr. Brown to the ground and the Taser bar stuck to his lower back.

“If my city is serious about apologizing, addressing race relations, then they have to be sensitive of how they release documents,” said GCW attorney Mark Thomsen.

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On Tuesday, August 28th, GCW Attorney Mark Thomsen held a press conference, addressing the court document filed by Milwaukee City Attorney, Grant Langley, at 11:55 p.m. Friday, August 24th. This answer is in response to Sterling Brown’s civil rights lawsuit.

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

The city’s response to Mr. Brown’s lawsuit stated, “The injuries and damages sustained by the plaintiff, if any, were caused in whole or in part by their own acts or omissions.” Milwaukee Mayor Tom Barrett did not have the chance to review the answer before it was filed by City Attorney, Grant Langley, but was surprised by the response.

Mr. Brown wants the city to admit the incident was an unlawful racial stop and is committed to making a change within the community.

“The city [Milwaukee] must admit that this was a violation of his [Mr. Brown] constitutional rights… that is the starting point of any meaningful discussions,” said Thomsen.

With cases like this, GCW has worked hard to bring the story forward and cultivate conversations around civil rights issues.

Watch the video below for a viewing of the press conference held on Tuesday, August 28th.

UPDATE: In an interview in TODAY’S TMJ4 News at 6pm, GTW Attorney Mark Thomsen continues to speak out against the city’s response saying Mr. Brown was “treated less than human” by the Milwaukee police. He believes the encounter didn’t have to end like it did and that the city needs to do more, and not just for Sterling Brown. “If you don’t name the problem or identify it, you can’t fix it,” says Mark Thomsen. “And if you continue to bury it, you promote it.”

“To my friends and fellow citizens that say Mr. Brown should have done more,” says Mark Thomsen, “Look into your mind and your heart.”


 

UPDATE: In an interview with Shannon Sims from TODAY’S TMJ4, Mr. Brown stated that he had yet to receive a formal apology from the Milwaukee Police Department for tasing him on January 26, 2018 after parking in a handicapped-accessible spot. At this time it is unknown whether or not Mr. Brown will receive an apology.

Since the incident has happened over a year ago, Mr. Brown has revealed how he has been able to move forward since that day. “Basketball has helped me a lot,” Sterling Brown said. “It helped me keep my mind focused on something … I wasn’t able to just drift away and dwell in what happened and let it eat me up.”

_____________________________________________________________________________________

UPDATE: After a long testimony on December 19th, the Milwaukee Fire and Police Department sustained the decision to fire police officer Erik Andrade, after the controversial arrest of Sterling Brown back in January.

GTW Attorney, Mark Thomsen, was pleased with the FPC’s decision, however he believes more needs to be done.

“That type of racist conduct is unacceptable. Until they change their legal position and admit that this was a racist attack, we’re not going to get very far,” said Thomsen.

_____________________________________________________________________________________

Sterling Brown

UPDATE: A telephone conference hearing was scheduled for November 21 with Sterling Brown’s attorney, GTW’s Mark Thomsen, and Eastern District of Wisconsin magistrate judge David E. Jones. During this hearing a potential trial date would be set for Mr. Brown’s lawsuit against the city of Milwaukee and the Milwaukee Police Department (MPD).

On August 25, the city of Milwaukee and MPD took no blame in the arrest and stated that it was Mr. Brown who was entirely at fault. “Mr. Brown remains willing to work with the city to try to resolve this lawsuit in an amicable fashion,” said Mark Thomsen.

In an interview on November 8, Mr. Brown stated that he has been getting a lot of support from “notable” people throughout the NBA and he is remaining positive.

Thomsen said Mr. Brown would not be on the conference call and would not be making any further comment until the city of Milwaukee moved forward.

Meanwhile, Mr. Brown teamed up with his brother, former NBA guard Shannon Brown, to introduce a new charity foundation called S.A.L.U.T.E. (Sacrifice, Ambition, Loyalty, Unlimited, Truth & Education).

“Our foundation embodies things that should be instilled in the youth so they could lead successful lives,” said Sterling Brown. “We want them to do something for their lives to help them get out of the ‘hood and unfortunate situations.”

_____________________________________________________________________________________

UPDATE: New body cam footage has been released from the night of Sterling Brown’s arrest, showing clear shots of a police officer using a Taser on him. The new video shows police pinning Mr. Brown to the ground and the Taser bar stuck to his lower back.

“If my city is serious about apologizing, addressing race relations, then they have to be sensitive of how they release documents,” said GTW attorney Mark Thomsen.

_____________________________________________________________________________________

On Tuesday, August 28th, GTW Attorney Mark Thomsen held a press conference, addressing the court document filed by Milwaukee City Attorney, Grant Langley, at 11:55 p.m. Friday, August 24th. This answer is in response to Sterling Brown’s civil rights lawsuit.

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

The city’s response to Mr. Brown’s lawsuit stated, “The injuries and damages sustained by the plaintiff, if any, were caused in whole or in part by their own acts or omissions.” Milwaukee Mayor Tom Barrett did not have the chance to review the answer before it was filed by City Attorney, Grant Langley, but was surprised by the response.

Mr. Brown wants the city to admit the incident was an unlawful racial stop and is committed to making a change within the community.

“The city [Milwaukee] must admit that this was a violation of his [Mr. Brown] constitutional rights… that is the starting point of any meaningful discussions,” said Thomsen.

With cases like this, GTW has worked hard to bring the story forward and cultivate conversations around civil rights issues.

Watch the video below for a viewing of the press conference held on Tuesday, August 28th.

Best Lawyers

Image via Best Lawyers

There are law firms. And then there is GCW. Our passion and dedication to our clients shines through in each of the attorneys at GCW, and we are proud to announce that not only have our team members been selected for The Best Lawyers in America 2019, but GCW has also been named Best Law Firm for employment law, medical malpractice and personal injury.

Best Lawyers recognizes attorneys based solely on peer reviews of colleagues within the same legal practice category and geographical location. The sophisticated survey process is designed to capture a consensus opinion of leading lawyers’ professional abilities and quality of legal services.

Join us in congratulating these GCW lawyers for their accomplishments!

• John Cates
• Robert Gingras
• Paul Kinne
• Lynn Laufenberg
• Michael Luebke
• Mark Thomsen
• Dana Wachs

A special congratulations to GCW attorney, Paul A. Kinne as he has been named Lawyer of the Year in Madison for employment law!

At GCW, we outthink, out-strategize and outwork the opposition on your behalf. From civil rights to personal injury cases, we work together to right the wrong. Contact Gingras, Thomsen & Wachs, LLP for a free consultation. Our team brings the fight, and we are ready for battle.

 

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

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

William Sulton

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

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

Chad Kemp

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

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

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

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

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

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

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

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

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

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

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

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

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.

Boating Accident

As the weather gets warmer, Wisconsinites are gearing up to get back on the water, whether that is by visiting a beach, swimming in a lake, or going boating. Roughly 2.5 million Wisconsin residents will participate in these types of activities every year. In 2017, there were over 620,000 registered boats in Wisconsin. The vast majority of those are motorized vessels.

In 2017 alone, Wisconsin saw 106 boating incidents that caused at least 79 injuries and 25 fatal boating accidents. That means that 2017 had four deaths per 100,000 registered boats. Unfortunately, this is a significant uptick in the number of fatalities. The ten-year trend indicated 2.81 deaths per year. Drowning is by far the most common reason that death occurs, but hitting objects also happens frequently.

Eight Reasons for Boating Accidents

Causes of boating accidents vary. Once boating drivers and passengers realize the causes of boating incidents, they can be better prepared to address them. Below are Wisconsin’s “Top Eight” reasons boating accidents occurred in 2017.

Operator Inexperience

When drivers are not familiar with their vessels, that can cause serious problems. Knowing how to control the boat at all times is essential to travel safely in a boat. Interestingly, the age groups that created the highest numbers of accidents were between 20 and 29 as well as 50 and 59.

Alcohol Use

Boating accidents due to alcohol use spiked in 2017. In fact, 2017 saw a 12-year high in the number of incidents that involved alcohol. It was a contributing factor in nearly one-fourth of all 2017 boating accidents.

Operator Inattention

Distraction is a serious issue no matter what type of vehicle you are driving—from a car to a boat. Inattention in a vessel could result in failing to avoid obstacles, other ships, or even the shoreline.

Equipment/Machinery Problems

Faulty motors or other equipment can cause a boat crash as well. While equipment problems rank in the top five for incidents, they actually are far less likely to actually cause injuries.

Carelessness/Recklessness

When drivers get out on the open water, they may become adventurous. They travel at high speeds, engage in unsafe turning or other maneuvers, and get uncomfortably close to others or objects. These types of actions can cause the boat to capsize or hit an object or person.

Hazardous Waters

Traveling through treacherous waters or going out in bad weather is never a good idea. While there are situations where water becomes dangerous, a little research or know-how can go a long way to determine whether waters are safe.

Weather

It is always a good idea to head back to shore at the first sign of a storm or high winds. Severe weather can make water choppy, which, in turn, makes boats harder to control safely.

Improper Lookout

Improper lookout occurs when a boat driver is not watching for other boats. Because of their inattention, they do not react fast enough to avoid an accident. The concept is similar to distraction, but it is specifically applied in the context of other boats.

Gingras, Thomsen & Wachs, LLP

Accidents can happen when you least expect them. One minute you are enjoying a sunny day out on the boat with friends and family, and the next minute your life could be changed forever. The personal injury attorneys at GCW will fight to help you get what you deserve after a boating accident if the accident occurred because of carelessness or a violation of safe boating rules. Stay safe on the water this summer!

Sexual Assault

Sexual assault can turn a victim’s life upside down, causing physical and emotional trauma that can impact life in unforeseen ways. An important part of the recovery process is often the pursuit of justice. If criminal charges are filed, the state of Wisconsin will seek to hold your attacker responsible for his actions, which may result in felony or misdemeanor charges and jail time. But, you also have the right to fight for compensation for your ordeal by filing a civil lawsuit against your attacker.

There are some important differences between the two types of legal actions, including who has control over the legal case, the goal of the legal action, and the standard of proof needed to win your case.

Control Over the Proceedings

First, if your attacker is charged with felony or misdemeanor sexual assault in a criminal case, the state will control the court case. Your involvement in the legal matter and trial will simply be as a witness. If your attacker is found guilty, the state will impose punishment that may include jail time and/or monetary penalties payable to the state.

In contrast, if you decide to file a civil lawsuit, you are in charge of all of the major decisions in your legal case. You are the one deciding whether to take your case to trial or to accept an offer of settlement from your attacker.

Desired Outcome or Goal of the Case

The two types of legal cases also differ with respect to their end goals. In a criminal sexual assault case, the end goal is to determine whether your accused attacker is guilty or innocent in the eyes of the law. While the court may order your attacker to pay you restitution for your out-of-pocket expenses, such payments are secondary to criminal punishment.

Civil sexual assault cases don’t just focus on proving guilt. Instead, the goal is to determine whether the attacker is liable for damages, for injuries sustained as the result of the attack. These may be physical or emotional injuries, claims for defamation or invasion of privacy, and more. If you win your case, your attacker will owe you a financial obligation designed to help you heal from your ordeal.

Standard Needed to Prove Your Case

Another major difference lies in the burden of proof required to win the case.

When making a criminal case for sexual assault charges, your attacker is presumed innocent until proven guilty. In order to win the case against him, the state prosecutor must prove that your attacker is guilty of the charges beyond a reasonable doubt. If there is any possibility that he didn’t commit the crime as charged by the state, he will be found not guilty.

With a civil lawsuit for sexual assault, a victim simply needs to prove that it’s more likely than not that her attacker is liable for her injuries.

Gingras, Thomsen & Wachs, LLP Can Help You Fight for the Compensation You’re Entitled to Receive

If you were the victim of a sexual assault, you have the right to fight back. Gingras, Cates & Wachs can help. Our experienced, compassionate attorneys and staff, including our Milwaukee injury law representation are committed to helping victims hold their attackers accountable, so victims can move on to the next chapter in their lives.

To learn more, contact us today in Madison, Milwaukee, or Eau Claire.

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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

Nationally Recognized Law Firm

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