Tag Archive for: personal injury

Avoid a Boating Accident with These Top Tips

Summer in Wisconsin is a time to get outside and enjoy the sun. Many Wisconsinites take advantage of our more than 15,000 lakes and 12,600 rivers and streams. As of December 2018, there were more than 615,000 registered boats in our state. However, fun on the water also comes with risks. Avoid a boating accident and remember these tips the next time you hit the water.

In 2018, there were 87 injuries and 21 deaths from boating accidents. These injuries can vary from cuts and bruises to more catastrophic injuries like paralysis or traumatic brain injuries. It’s important to remember that whenever you’re driving or operating a boat, alcohol should be avoided. With boating, additional safety considerations need to be observed. The top contributing factors to boat injuries were operator inattention or inexperience, equipment failure, skier/tuber/boarder behavior, or careless operation.

Boats involve a unique safety consideration: water. Small mistakes or moments of inattentiveness can have devastating consequences as a result. For example, imagine hiking or biking through a pristine forest and having to duck underneath a low-hanging branch. No big deal—it brushes your head, maybe snags your backpack, and you move on. Now imagine the same situation in a river. The branch snags your jacket, your canoe/kayak/tube keeps floating, and the branch pulls you underwater. This added element changes a normal, benign moment into a potentially fatal hazard.

The Wisconsin DNR has mandated that a safety certification is required for all operators born on or after January 1, 1989. In 2018, more than 16,000 certifications were awarded. This class emphasizes basic safety principles that all boaters should follow:

Do not drink alcohol before or while boating.
Wear a life jacket whenever on the water, whether you’re in the boat or in the water.
Check local weather for storms, rain, or wind.
Operate at a safe speed, stay alert and steer clear of larger vessels.
Never allow passengers to ride on gunwales, seatbacks, or outside of protective rails, including the front of a pontoon boat.

These basic principles will help ensure your summer boating experience is safe and enjoyable!

Have Questions? Contact Gingras, Thomsen & Wachs, LLP

If you or anyone you know is injured by someone while boating, please contact Gingras, Cates & Wachs. We specialize in handling your personal injury and getting you back out on the water.

July 17, 2019/by Gingras, Thomsen & Wachs, LLP

Personal Injury

What to Know About Toxic Mold and How to Get Rid of It

In recent years, “toxic mold” has become the subject of mounting health concerns as well as numerous lawsuits. Because the scientific explanations of mold are both complex and technical, numerous misconceptions have crept into the popular perception of toxic mold and its dangers. These misconceptions only add to the widespread fear of mold at home, in schools, in the workplace, and elsewhere. And coverage in the media and on many websites has often been misleading or inaccurate. Here’s what you should know about toxic mold and how to deal with it.

What Is Mold and Where Does It Grow?

A mold is a form of fungus that grows both indoors and outdoors and thrives in warm, damp, and humid environments. There are over a thousand different varieties of indoor mold, and the good news is that the presence of a moderate amount of mold in your home is generally not harmful to your health. Most health problems related to mold exposure arise only when there is a build-up of high concentrations.

Some amount of mold is more or less everywhere all the time. Its many forms are so common and it travels so easily that trying to make your home or any other building totally mold-free would be next to impossible. But high concentrations of mold, which might result from flooding, for example, can be cleaned up and eliminated for the most part (though such cleanup may in some cases prove costly and laborious).

Because mold thrives in warm, damp, and humid places, indoor mold is most commonly found in areas of high moisture and low ventilation, such as bathrooms and basements. It is also commonly found in and around leaks in roofs, pipes, windows, or where there has been flooding. Potted plants are also a common location for mold.

In addition, mold also grows in all sorts of common building materials. It thrives in wood and wood products, paper and paper products such as wallpaper, ceiling tiles, drywall, and cardboard. It grows in fabrics such as carpets and upholstery. It can also be found in other building products including paint and insulation. It even likes dust.

What Is “Toxic Mold”?

The term “toxic mold” is somewhat misleading and has led to misunderstandings and confusion regarding the health-related dangers of mold. In high enough concentrations, all molds, toxic or otherwise, may cause health problems. As a result, some sources refer to all mold as “toxic mold.”

Strictly speaking, however, there is no such thing as toxic mold. A few forms of mold are called “toxigenic,” meaning that under certain conditions they can produce small molecular toxins, called “mycotoxins.” These mycotoxins are usually spread by way of the mold’s spores and may be the cause of potentially serious health problems if ingested in sufficient quantities over time.

In contrast with mold in general, which is to be found virtually everywhere, toxigenic molds are less common. Two of the best-known examples of so-called “toxic mold” include:

Stachybotrys chartarum: Sometimes called S. chartarum or Stachybotrys atra, and popularly known as “black mold”. This toxigenic mold is a greenish-black fungus that requires a moist environment in which to grow and is most commonly found in flood-damaged buildings. The mycotoxins produced by Stachybotrys chartarum are potent, but there is some evidence that only a few strains of Stachybotrys chartarum are toxigenic, indicating that this particular type of “toxic mold” may be quite rare.
Aspergillus: Aspergillus is a family of molds, and only some Aspergillus molds are toxigenic. The mycotoxins produced by toxigenic strains of Aspergillus are less potent than Stachybotrys chartarum mycotoxins, but infestations of Aspergillus mold are probably far more common. Aspergillus may be found in any of the mold-friendly environments discussed above.

How to Get Rid of Mold

As noted above, there is always a little mold present in any building, and this does not generally pose a health risk to its occupants. Once a mold infestation has been detected, however, clean-up and removal of the mold are strongly recommended, regardless of whether the mold is toxigenic or not.

Hard surfaces: Removal of mold from hard surfaces can normally be achieved by using special cleaning methods or “protocols” developed specifically for eliminating mold. It is very important to strictly follow such cleaning protocols because of the danger of mold spores being released and spreading invisibly during cleanup.
Porous surfaces: Where mold has infested porous or absorbent surfaces the only viable solution is removal and replacement of the material that has been infested. This includes everything from rugs to drywall, wallpaper to ceiling tiles. Where mold has penetrated behind walls and inside building materials, extensive renovations may be required.

Speak with a Gingras, Thomsen & Wachs, LLP Attorney

Have more questions about toxic mold or want to speak to an injury attorney? Contact our dedicated team of Gingras, Thomsen & Wachs, LLP today to learn more.

June 19, 2019/by Gingras, Thomsen & Wachs, LLP

Defective Products

Types of Defective Product Liability Claims

If you have been injured or suffered other damages because of a product you used, you may have a defective product liability claim. Though the range of defective product cases is broad, the claims typically fall into three categories of product liability: defective manufacture, defective design, or failure to provide adequate warnings or instructions concerning the proper use of the product. Understanding these categories will help you to determine whether you have a valid claim, as well as the strategy to use in presenting your case.

Defectively Manufactured Products

Perhaps the most obvious type of product liability claim is when the injury-causing product was defectively manufactured. A defectively manufactured product is flawed because of some error in making it, such as a problem at the factory where it was fabricated. As a result, the injury-causing product is somehow different from all the other ones on the shelf.

Examples of a manufacturing defect include:

A swing set with a cracked chain.
A tainted batch of cough syrup containing a poisonous substance.
A moped missing its brake pads.

In each case, the injury must have been caused by the manufacturing defect. So, if you misjudged a curve, drove off the road, and injured yourself while riding on the moped with the missing brake pads mentioned above, you would only have a manufacturing defect claim if you could show that the missing brake pads caused your accident.

Defectively Designed Products

In the second type of product liability category, a product’s design is inherently dangerous or defective. Defective design claims do not arise from some error or mishap in the manufacturing process, but rather involve the claim that an entire line of products is inherently dangerous, regardless of the fact that the injury-causing product was perfectly made according to the manufacturer’s specifications.

Examples of a design defect include:

A particular model of car that has a tendency to flip over while turning a corner.
A type of sunglasses that fail to protect the eyes from ultraviolet rays.
A line of electric blankets that can electrocute the user when turned on high.

Here again, the injury must have been caused by the defective design. If you accidentally crash into another vehicle while driving one of the flip-prone cars mentioned above, you would only have a design defect claim if you could show that you crashed because the car was in the process of flipping over while turning.

Failure to Provide Adequate Warnings or Instructions

The third type of product liability claim involves a failure to provide adequate warnings or instructions about the product’s proper use. Failure-to-warn claims typically involve a product that is dangerous in some way that’s not obvious to the user or that requires the user to exercise special precautions or diligence when using it.

Examples of a failure-to-warn claim include:

An electric tea kettle that is packaged without sufficient warning concerning its oddly positioned steam valve.
A cough syrup that does not include on its label a warning that it may cause dangerous side effects if taken in combination with another commonly taken drug such as aspirin.
A corrosive paint-removing chemical that is sold without adequate instructions for safe handling and use.

Once again, the injury must result from the failure to warn or properly instruct. If you are burned while using the newfangled tea kettle mentioned above, you would only have a failure-to-warn claim if you were burned by steam unexpectedly coming out of the oddly positioned steam valve.

Comparing the Three Types of Product Liability Claims

To compare these different types of claims, let’s look at the pharmaceutical drug industry. If you are injured because the particular bottle of cough syrup you bought happens to contain several drops of arsenic that fell into it by accident at the factory where it was made, your claim would be based on a manufacturing defect. By comparison, if taking that same brand of untampered-with cough syrup caused you to suffer a heart attack because of its normal ingredients, your claim would be based on a design defect. Finally, if the cough syrup was made correctly and is generally safe for use, but you were injured because you combined it with aspirin and the label failed to warn that such a combination is dangerous, your claim would be based on a failure to warn.

Let Gingras, Thomsen & Wachs, LLP Help with Your Defective Product Liability Claim

Gingras, Thomsen & Wachs, LLP has worked on defective product liability claims for more than 35 years. If you or a loved one has questions about a claim, contact any one of our four offices to hear more about getting the justice you deserve.

May 15, 2019/by Gingras, Thomsen & Wachs, LLP

Personal Injury

General Rules for Proving Fault in Personal Injury Accidents

Determining legal responsibility for a personal injury case can be complicated, but often rests on whether someone was careless or “negligent.” It’s easy enough to say that the person or business that caused an accident must pay for your injuries, but before you get to that point, you must determine who was legally at fault. This post will review the actions you need to take to prove fault in a personal injury accident.

Determining Legal Liability

Most accidents happen because someone was careless. The basic rule is: If one person involved in an accident was less careful than another, the less careful one must pay for at least a portion of the damages suffered by the more careful one.

Legal liability for almost all accidents is determined by this rule of carelessness, and by one or more of the following simple propositions:

If the injured person was where he or she was not supposed to be, or somewhere he or she should have expected the kind of activity which caused the accident, the person who caused the accident might not be liable because that person had no “duty” to be careful toward the injured person.
If the injured person was also careless, his or her compensation may be reduced by the extent such carelessness was also responsible for the accident. This is known as comparative negligence.
If a negligent person causes an accident while working for someone else, the employer may also be legally responsible for the accident.
If an accident is caused on a property that is dangerous because it is poorly built or maintained, the owner of the property is liable for being careless in maintaining the property, regardless of whether he or she actually created the dangerous condition.
If an accident is caused by a defective product, the manufacturer and seller of the product are both liable even if the injured person doesn’t know which one was careless in creating or allowing the defect, or exactly how the defect happened.

When More Than One Person Is at Fault

When there is more than one person responsible for an accident the law in most states provides that any one of the careless parties is responsible for compensating you fully for your injuries. The responsible parties must then decide between themselves whether one should reimburse the others.

This rule about collecting from any responsible person provides you with a couple of important advantages. If one liable person is insured and the other is not, you can make your claim against the insured person for the full amount. And even if both are insured, you will have to settle your claim with only one insurance company. Initially, consider everyone you think might be responsible and notify each of them that you may file a claim for damages. Then, depending on what you discover about how the accident happened, or on which insurance company takes responsibility, you will pursue a claim against only one.

How Your Own Carelessness Affects Your Claim

Even if you were careless and partly caused an accident, in most states, you can still get at least some compensation from anyone else who was also careless and partly responsible for the accident. The amount of the other person’s liability for the accident is determined by comparing his or her carelessness with your own. The percentage of liability determines the percentage of the resulting damages he or she must pay. This rule is referred to as comparative negligence.

State Restrictions on Recovering Compensation If You Were Careless

Comparative negligence is applied in three slightly different ways, depending on the state where the accident occurred. More generous states allow you to recover compensation for your injuries in an amount based on the other person’s fault no matter how great your own fault was. Most states, however, use a slightly more restrictive rule under which you can’t recover anything if your own carelessness was 50% or more responsible for the accident. And a handful of tight-fisted states don’t allow you to recover any compensation at all if your fault is any more than “slight” compared to the others involved or worse if your own carelessness contributed in any way to the accident.

Let Gingras, Thomsen & Wachs, LLP Help with Your Personal Injury Claim

Looking for more information about personal injury claims? Contact one of our four offices and speak with a dedicated attorney today about getting you the justice you deserve.

May 6, 2019/by Gingras, Thomsen & Wachs, LLP

Motorcycle Accidents

Bike Accidents: What to Do After the Crash

With spring in full bloom, bikers are hitting the roads to take advantage of the great weather. As bikers venture out, drivers need to be aware of these riders on the road, otherwise, accidents could happen. If you’re a bicyclist and you happen to get into an accident with a driver, remain calm. Following the below steps can help you recover from the crash and get you the results you need to get back on the road.

What To Do After a Bike Accident

Wait for the Police to Arrive

It is vital that you wait for police to arrive at the scene of the accident, even if you think you are not injured so that they can take and file a police report. Some cyclists don’t realize they’ve been injured until several hours after the accident, and sometimes seemingly minor injuries later develop into serious and permanent problems. If you leave the accident scene, you may never be able to identify the at-fault driver.

Don’t attempt to negotiate with the driver. Many drivers initially apologize and accept blame, only to later deny their negligence or even deny they were present at the accident. Instead, wait for the police to come so they can document everything in the police report. Another advantage of waiting for the police: they may ticket the driver, which may be useful in settling the case with the insurance company.

Get Your Version of Events into the Accident Report

Sometimes, the police officer will take a statement from the motorist and not bother to talk to the cyclist. Do everything you can within reason to get your side of the story into the police report. And by all means, report all of your injuries, no matter how minor. Remember, those minor injuries may later become more serious. If the police refuse to include your statement in the accident report, you can later have the report amended.

Obtain Driver and Witness Contact Information

If possible, get the name of the automobile driver, as well as his or her address, phone number, vehicle license number, and insurance information. In addition, try to get names and contact information for everyone who witnessed the accident. Don’t assume the police report will include all of this information, it might not. If you are injured and cannot get this information yourself, ask a bystander to do it for you.

Document What Happened

If you can, make mental notes about the accident: what happened, how it happened, where it occurred, when it occurred, and road, traffic, and weather conditions. Then, as soon as you are able, write all this information down. Be sure to include in your notes the written phrase, “For my attorneys”. This might prevent the insurance company from later getting a copy of your notes.

Document Your Injuries

Seek immediate medical attention for your injuries, even if they are minor. Proving that you sought out medical attention will serve as evidence that you were injured, and medical records will document the extent of those injuries. Have several photos taken of your injuries as soon as possible after the accident.

Preserve Evidence

Leave your bike and other damaged property in the same state as after the accident, don’t attempt to fix anything or have anything inspected. If you need to use your bicycle for work or other transportation, be sure to take photos of the damage from every angle. If your clothing was torn or bloodied, try to preserve it in the best possible state. And don’t send your bike, helmet, or any other equipment to anyone other than your attorney.

Get More Information from the team at Gingras, Thomsen & Wachs, LLP

Many accidents between bikes and cars involve complex legal issues. The experienced bike accident attorneys at Gingras, Thomsen & Wachs, LLP can advise you on how to proceed after the accident, negotiate with the insurance company on your behalf, and/or represent you in a lawsuit. Connect with our team at any of our four locations across Wisconsin to learn more.

March 29, 2019/by Gingras, Thomsen & Wachs, LLP

Medical Malpractice

I Was Injured While Receiving Emergency Medical Care- Can I Sue?

In the event of an emergency, you trust your life to first responders. In the instance where a first responder does not treat you accordingly, you want justice for what has happened. To get the justice you deserve there are a few things you should know about medical malpractice during emergency care.

First, special rules apply to injuries caused by medical malpractice during emergency medical care, and state laws protect first responders from most lawsuits. Even though no such protections apply to doctors and nurses in the emergency room, emergencies by their very nature lower the professional expectation to avoid mistakes. When it comes to medical malpractice during an emergency, here is what first responders, ER doctors, medical staff, hospitals, and off-duty doctors are liable for.

Establishing Liability

When a patient is injured by medical personnel in an emergency medical situation, their case depends on who acted recklessly or negligently. Was it the medical personnel who first respond to the emergency or someone in the emergency room?

First Responders Have Strong Protection

Most states have one or more statutes that protect first responders, who include ambulance crews, firefighters, and emergency medical technicians, from lawsuits. Lawmakers have added these protections in order to preserve emergency services, which would otherwise be subject to frequent lawsuits.

First responders are not completely protected from malpractice, however. If a first responder does something totally reckless or intentional, he or she could be liable for malpractice. In such a case, the first responder’s employer will ultimately be responsible (legally and financially) for medical malpractice.

Normal Malpractice Rules Apply to Emergency Room Doctors and Nurses

The protections provided to first responders do not extend to emergency room personnel. Standard medical malpractice rules apply to doctors, nurses, and other medical personnel working in the emergency room.

As in other medical malpractice situations, the patient must prove that a competent doctor under the same circumstances would not have made the mistake, this is called negligence. The key phrase here is “under the same circumstances”. Because the emergency room does not allow for the calm consideration available in other medical contexts, the mistake must often be fairly severe to rise to the level of negligence. Common in malpractice cases, both sides will hire experts to testify about what a competent doctor would have done in the same situation.

Does the Good Samaritan Rule Apply to Doctors?

Ordinary people are not legally obliged to help someone in trouble. However, if they do, they must help in a way that isn’t reckless and does not needlessly endanger the person they are trying to rescue. This rule is called the Good Samaritan Rule and is established by law in all 50 states.

The Good Samaritan Rule does not apply to medical personnel unless they respond to an accident while off-duty. If, however, a patient already has a doctor-patient relationship with the rescuing doctor, the fact that the doctor is off-duty at the time generally does not switch the legal standard from medical malpractice to the Good Samaritan Rule.

What if the Emergency Room Refuses to Treat a Patient?

Any hospital that receives Medicare funding is subject to the rules of a federal law called the Emergency Medical Treatment and Active Labor Act (EMTALA). Under EMTALA, the emergency room cannot turn anyone away, regardless of the person’s ability to pay. Only the hospital is liable under EMTALA, never the emergency room doctor. Instead, the emergency room must:

Provide a medical screening of the injured person.
Stabilize the person to the extent possible.

A violation of these rules can lead to financial liability similar to malpractice damages, even if:

The emergency room transferred the injured person to another ER instead of just refusing treatment.
The patient could have paid for medical services.

We Can Help

If you were injured while receiving emergency medical care, you may have a medical malpractice case. When your life is on the line, the experienced Medical Malpractice attorneys at Gingras, Thomsen & Wachs, LLP bring the fight. We have won millions of dollars in medical negligence compensation for our clients and we can help you, too. Connect with our team to learn more about medical malpractice cases.

March 14, 2019/by Gingras, Thomsen & Wachs, LLP

Personal Injury

What to do After an Accident or Injury

Car wrecks can be frightening. In Wisconsin, bad weather and road construction can cause backups on the highway that might lead to a car accident. If you’re injured in a car accident there are simple things you can do to ensure your safety and coverage of the crash. Here are a few helpful tips to know about car accidents.

Take Notes

First, write down everything you can about your accident, including details of your injuries and their effect on your daily life. Your notes can be useful when putting together a case for compensation. Our memories are not always reliable so it’s important to note specific details of the accident. Be sure to write on the notes, “For my attorney”, which will make it harder for the insurance company to access these notes later on. Get into the habit of taking notes on anything you think might possibly affect your personal injury claim and carry it through the entire claims process. Make sure you always have a pen and paper with you so you can write down your notes as things happen.

Be sure to take specific notes about:

The Accident

Once you’ve calmed down, write down everything you can about how the accident happened. Start with what you were doing, where you were going, the people you were with, the time and weather. Include every detail of what you saw, heard, and felt during and right after the accident. Also, include anything you remember hearing about the accident. And remember, every separate entry should include the phrase: “For my attorney”.

Your Injuries

In the first days following your accident, make daily notes of the pain and discomfort your injuries cause. In addition to pain and discomfort, you may experience anxiety, loss of sleep, or other problems which are not visible, but for which you should demand additional compensation. If you don’t make specific note of them, you may not remember exactly what to include in your demand for settlement weeks or months later. Also, taking notes will make it easier for you to describe the severity of your pain to the insurance company.

In addition, writing down your different injuries may help your doctor diagnose you. A bump on your head may seem insignificant now, but it could develop into something more severe down the road. It is important to tell your doctor about all of your injuries so they’re documented in your medical records.

Economic or Other Losses

You may be entitled to compensation for economic and social loss in addition to pain and suffering, but you will need good documentation to prove this. Begin making notes immediately after the accident about anything you have lost because of the accident and your injuries. This includes:

Work hours
Job opportunities
Meetings/classes
Social events
Family gatherings
Vacation
Anything else you would have normally done, but were unable to do so because of your accident.

Be sure to keep receipts, where applicable.

Conversations

Make written notes of the date, time, people involved, and content of every conversation you have about your accident or your claim. Conversations you have with any witnesses, adjusters, other insurance representatives, or with medical personnel are important to document.

Next Steps

Hiring an experienced personal injury lawyer after you’ve been in an accident is important. Every attorney at Gingras, Thomsen & Wachs, LLP is experienced in Wisconsin personal injury law and will tirelessly fight for each and every dollar of compensation that you deserve. Contact us today.

March 6, 2019/by Gingras, Thomsen & Wachs, LLP

Defective Products

Proving a Defective Product Claim

If you have been injured or suffered other damages because of a product you used, you may have a defective product liability claim. To determine whether or not you have a defective product claim, you should be familiar with what you’ll need to prove. Read through the following circumstances to determine if your situation is a defective product case.

Defective Product Claim Requirements

As a general rule, product liability law requires that you prove all of the following in order to win your case:

You were injured or suffered losses. Product liability law does not cover accidents that almost happened. Without an actual injury or monetary loss, you are missing a critical element of a products liability claim.
The product is defective. You must also prove that the product that injured you was defective. That could be from a manufacturing error or an oversight in the overall product design that makes it unreasonably dangerous.
The product did not have a hazard warning. Liability may hinge on whether the product’s warnings and instructions were reasonably sufficient.
The defect caused your injury. It is not enough to argue that you were injured while using the defective product. You must demonstrate specifically how the defect caused your injury.
You were using the product as it was intended. Broadly speaking, you must have been using the product the way it was designed to be used.

Some of the most common product liability claims are for children’s products like car seats, toys, and car parts. Product recalls on these items are common and are the manufacturer’s way of alerting consumers of a hazard and trying to avoid injuries and a lawsuit.

If you are injured by a product, it is very important that you keep the faulty product. If you throw it away, it can make it very hard to prove your case.

Contact Gingras, Thomsen & Wachs, LLP

If you were injured by a faulty product and would like to discuss the details of your case, contact the attorneys at GCW for a free consultation. The requirements for proving a defective product liability claim can be complex, but our team of personal injury attorneys is here to help you cut through the confusion and fight for the compensation you deserve.

February 20, 2019/by Gingras, Thomsen & Wachs, LLP

Personal Injury

How Much is a Personal Injury Case Worth?

If you’re considering filing a personal injury lawsuit over a car accident, slip and fall, or any other kind of injury, you may be wondering “What is my case really worth?” The answer comes down to “damages” — figuring out what your injuries have cost you monetarily, physically, and emotionally.

In a personal injury case, money damages are paid to an injured person by the person or company who is found to be legally responsible for the accident. A damage award can be agreed upon after a negotiated settlement — among the parties, their insurance companies, and their attorneys, for example — or may be ordered by a judge or jury following a court trial.

Compensatory Damages in Personal Injury Cases

Most personal injury damages are classified as “compensatory,” meaning that they are intended to compensate the injured person for what was lost due to the accident or injury. A compensatory damages award is meant to make the injured person “whole” again from a monetary standpoint (to the extent that’s possible). They include:

Medical treatment. Personal injury damages awards almost always includes the cost of medical care associated with the accident — reimbursement for treatment you’ve already received and compensation for the estimated cost of medical care you’ll need in the future because of the accident.
Income. You may be entitled to compensation for the accident’s impact on your salary and wages — not just income you’ve already lost but also the money you would have been able to make in the future, were it not for the accident. In personal injury cases, a damage award based on future income is characterized as compensation for an accident victim’s “loss of earning capacity.”
Property loss. You’ll likely be entitled to reimbursement for repairs or compensation for the fair market value if any vehicles, clothing, or other items were damaged or lost as a result of the accident.
Pain and suffering. If you experienced any pain and/or serious discomfort during the accident and in its immediate aftermath, you may be entitled to compensation.
Emotional distress. Usually linked to more serious accidents, emotional distress damages are meant to compensate a personal injury plaintiff for the psychological impact of an injury — including fear, anxiety, and sleep loss. Some states consider emotional distress as part of any “pain and suffering” damage that is awarded to a personal injury plaintiff.
Loss of enjoyment. When injuries caused by an accident keep you from enjoying day-to-day pursuits like hobbies, exercise, and other recreational activities, you may be entitled to receive “loss of enjoyment” damages.
Loss of society and companionship. This typically relate to the impact the injuries have on the plaintiff’s relationship with their spouse or minor children. For example, if an injured parent cannot play catch with his or her child, that is a loss that can be compensated. In fact, the family members might have claims of their own for the loss. These are called “derivative claims.”

Punitive Damages in Personal Injury Cases

A personal injury victim may be awarded punitive damages on top of any compensatory damages award in cases where the defendant’s conduct is deemed outrageously careless. Punitive damages are awarded to the injured person, but the real goal is to punish the defendant for its conduct — to “hit them in the pocketbook,” so to speak — and to act as a deterrent. In Wisconsin, punitive damages are capped at twice the amount of compensatory damages or $200,000, whichever is greater. Punitive damages are rarely awarded in negligence cases.

Take Care of Yourself

It’s important that you follow your doctor’s treatment plan and recommendations when you’re recovering from an accident. If you’re able to return to work, do so. And if your doctor recommends physical therapy, go to physical therapy. Failure to follow your doctor’s orders could potentially weaken your case and lower the amount of damages you receive.

Contact a GCW Personal Injury Lawyer

Our team is dedicated to helping you get the compensation you deserve. If you have any questions about the deadlines for filing a personal injury claim, or if you have any other questions about your rights to compensation for your injury, please contact us at GCW. We would be glad to help. Call us toll-free at 888-357-7661 or send us your contact information on our website.

February 14, 2019/by Gingras, Thomsen & Wachs, LLP

Personal Injury

Pedestrian Safety Tips

Almost 6,000 pedestrians are killed each year in traffic accidents in the U.S. Often, it’s because drivers are negligent. Distracted driving and speeding are rampant and present a serious danger to pedestrians. Whether you are out for a run, walking your dog, or going for an after-dinner stroll, you can protect yourself by following these simple safety tips:

Follow the Rules of the Road That Apply to Pedestrians

Wisconsin has laws regulating what pedestrians can and cannot do. These are common-sense rules that help keep you safe. They include:

If there is a traffic light, cross on the green or the “Walk” sign. Don’t start walking while the signal says “Don’t Walk.” However, if you start on “Walk,” and the signal changes to “Don’t Walk” before you are all the way across, you can continue to the other side or to a safety zone.
If you cross at an intersection or crosswalk where there is no traffic light or traffic officer, you have the right of way over the vehicles on the road — but only if you cross safely. Never walk or run suddenly into the path of an oncoming vehicle that is so close it may have trouble stopping in time.
If you cross the road outside of a crosswalk, then the vehicles, not you, have the right of way. You must yield to oncoming traffic.
Use sidewalks where available. For example, you should jog on a sidewalk, not the road, where possible.
If you walk on the side of a road, walk on the left side. When cars approach, move as far to the left on the road as you can.

Pay Attention!

You can significantly increase your safety just by paying attention to what is going on around you. Be especially mindful when crossing the street because that’s when 58 percent of pedestrian-vehicle collisions happen. Make eye contact with drivers when possible.

It’s hard to stay alert if you are impaired by alcohol or drugs. If you are drinking or otherwise impaired, get a lift from a sober friend or take a cab or public transit, where available.

Be Extra Careful After Dark

Now that the days in Wisconsin are so short, you may be out walking more often after dark.

Light colored clothing, reflective clothing, and LED lights will help make you more visible.
You are easier to see when you walk on the left side of the road, facing oncoming traffic.
No matter what you wear or where you are walking, never assume that drivers can see you. Be careful!

Contact Gingras, Thomsen & Wachs, LLP

If you follow these tips, you can significantly decrease your chances of being hit by a vehicle. However, you can only control your own behavior, not that of drivers. If you or a loved one are ever involved in a pedestrian-vehicle accident, you may have the right to compensation for your injuries. Gingras, Thomsen & Wachs, LLP can help. Contact us for a free consultation.

February 4, 2019/by Gingras, Thomsen & Wachs, LLP

Car Accidents

What Do You Do After a Hit & Run Accident?

Being the victim of an automobile accident can be devastating – physically, emotionally, and financially. That’s particularly true in accidents where the motorist flees the scene without taking responsibility for his or her actions. In Wisconsin, leaving the scene of an accident is a criminal offense. Depending on the damage and injuries that occur, hit-and-run drivers can face misdemeanor or felony charges in addition to jail time and hefty monetary fines.

Regardless of whether the driver is ultimately located, hit-and-run accident victims can be left with costly property damage and debilitating physical and emotional injuries. If you were involved in a hit and run accident, knowing what to do after the fact can help hold the wrongdoer responsible and preserve the victim’s rights to compensation for their losses.

Steps to Take at the Scene of the Accident

There is a lot of valuable evidence at the scene of a hit-and-run accident, even though the responsible motorist is not there in person. Take these steps to preserve that evidence:

Report the accident. File a police report while still at the accident scene, if possible. This is a critical step in documenting that the accident actually occurred. The police report can help convince insurance companies that claims for losses are legitimate.
Gather witness statements. Talk to anyone who witnessed the accident, gathering their contact information including names, addresses, and telephone numbers. Witnesses may have valuable information you may not have noticed, such as the make, model, and color of the vehicle, and even the license plate number or other identifying information about the perpetrator’s car or truck.
Document the crash. If it is safe to do so, take photos or videos of the accident scene, showing the damage to your vehicle, and the extent of the victim’s injuries if those injuries are obvious.

What to Do After Leaving the Accident Site

The steps you take after leaving the scene of the accident are important too:

Seek medical attention. It is important to seek qualified medical help after a hit-and-run accident. Some car accident injuries are not readily apparent, so visiting a medical provider can help make sure you get the care you need – even if you don’t know you need it yet. These medical visits also serve as powerful evidence and documentation to support your personal injury claim.
Don’t post about your accident. While you may be used to posting things about your life on social media sites, think twice before posting about your hit-and-run accident. Insurance companies and attorneys for the responsible driver, if ultimately located, could try to twist and use your words against you later.
Contact your own insurance company to report the collision. If you have uninsured motorist coverage as part of your auto insurance, this may be the only way to recover compensation for your injuries.
Contact a personal injury lawyer. A Wisconsin hit-and-run accident attorney can help you obtain the compensation you deserve. Every case is unique, but your attorney will help you fight for payment of your medical expenses, damage to your vehicle, and even lost wages as the result of the accident. Don’t wait too long to contact an attorney; hit-and-run accident claims are time-sensitive.

Gingras, Thomsen & Wachs, LLP are Here to Help

At Gingras, Cates & Wachs, our experienced personal injury attorneys are committed to helping accident victims obtain the compensation they are legally entitled to. We know how devastating hit-and-run accidents can be. We’ll handle your case with compassion, fighting diligently for your rights.

To learn more and to schedule a case consultation in our Madison, Milwaukee, Waukesha or Eau Claire offices, contact us today.

January 29, 2019/by Gingras, Thomsen & Wachs, LLP