Being hit by a drunk driver is one of the most serious types of car accidents in Milwaukee, and it’s reckless, illegal, and entirely preventable. When an impaired driver gets behind the wheel in Milwaukee or anywhere in Wisconsin, every other person on the road becomes a potential victim. If you or a loved one has been hit by a drunk driver, you are already facing serious injuries, mounting medical bills, lost income, and an insurance system designed to pay you as little as possible, one of many ways a car crash can upend your life. You need a drunk driving accident lawyer near you who is prepared to fight back, and you need one now.
Every time someone is injured in an accident the insurance companies of everyone involved are presented with a game. The goals of the game are to minimize their payment and stay out of the courtroom. In many cases, entire teams of people are paid handsome salaries to play this game. Whether their job title is “claims adjuster” or the benign “customer service specialist,” they are being paid to minimize cost. The “Four D’s” are the famous tactics insurance companies use to make you go away:
A guilty verdict for a DUI is simply a criminal conviction: it shows the other driver broke the law by driving while intoxicated. To get the maximum compensation you’re entitled to for medical costs and damage to your vehicle, you’ll need to win in a civil lawsuit proving the drunk driver was responsible for the injuries and losses sustained by you and your passenger(s).
Even if the drunk driver who hit you manages to avoid a criminal conviction for DUI, your personal injury claim can still succeed. Your best chance of a successful claim starts with an experienced Milwaukee car accident attorney or motorcycle accident attorney.
Contact Warshafsky Law for a free consultation. Available 24/7. No fee unless we win.
According to the Wisconsin DOT, Wisconsin has a higher drunk driving rate than any other state. Driving under the influence can be devastating for drunk drivers as well as their innocent victims. If you or a loved one has been injured or killed in an accident with a drunk driver, Warshafsky Law will help you sue the responsible party for the maximum settlement or judgment.
In 2012, 223 people were killed in drunk driving car crashes, and another 3,000 were injured. The number of drunk driving crashes per year in Wisconsin hasn’t decreased since then. About 36% of all car accident fatalities in Wisconsin were alcohol-related. While these statistics are significantly lower than they were a decade before, they are still too high. Our top Milwaukee car accident attorneys fight for the highest possible settlements and verdicts for drunk driving accident victims. Not only do we believe you deserve compensation for your suffering, we also strive to change the societal view that drunk driving is not a big deal and to prevent future tragedies.
The national picture remains alarming. According to the National Highway Traffic Safety Administration (NHTSA), 11,904 people were killed in alcohol-impaired driving crashes in 2024. That is one person killed every 44 minutes. Alcohol-impaired driving consistently accounts for approximately 30 percent of all traffic crash fatalities in the United States. Over the 10-year period from 2015 to 2024, more than 11,500 people died every year in drunk-driving crashes. These deaths were all preventable.
Wisconsin’s impaired driving problem is not abstract. According to WisDOT data, impaired driving contributed to 172 deaths in Wisconsin in 2022 alone. In 2023, nearly 30 percent of all traffic fatalities in Wisconsin involved a driver under the influence of alcohol or drugs. Impaired driving crashes in Wisconsin peak between 2 and 3 a.m., the hours after bars close, which underscores the direct connection between alcohol service and road danger. Alcohol-related crashes accounted for an estimated 19 percent of Wisconsin’s auto insurance payments, meaning these crashes carry enormous financial consequences for everyone on the road.
For additional data, see:
A driver swerving in their lane, taking wide turns, or having delayed response to changing traffic lights may be a drunk driver. If you see someone with this suspicious behavior, follow these steps to avoid an accident and report them:
By taking the time to report a drunk driver, you could prevent an accident and save lives. If you or a loved one has been a victim of a drunk driver, contact the personal injury law firm at Warshafsky for a free consultation.
Not all car accident cases are alike. When a driver chooses to get behind the wheel while impaired, their conduct rises above ordinary negligence. Under Wisconsin law, driving with a blood alcohol concentration (BAC) of .08 g/dL or higher is illegal, and doing so and causing an accident can constitute negligence per se, meaning the violation of the law itself is evidence of fault. This distinction matters enormously in a civil claim.
Because drunk driving is reckless rather than merely careless, Wisconsin courts may allow juries to award punitive damages on top of compensatory damages. Punitive damages are designed to punish particularly egregious conduct and to deter others. That potential significantly increases the value of a drunk driving injury case, and it is one reason insurers fight these claims so aggressively.
Drunk driving cases also involve a parallel criminal OWI (Operating While Intoxicated) process. A criminal conviction or guilty plea can be powerful evidence in your civil case, but the two proceedings move on separate tracks and require separate legal strategies. An experienced Milwaukee drunk driving accident lawyer understands both tracks and knows how to use the criminal case to strengthen your civil claim.
Alcohol reduces the brain’s ability to process information and slows reaction time dramatically. A driver who has been drinking may fail to brake in time, misjudge distances, or not recognize a hazard until it is too late. At a BAC of .08 g/dL, crash risk increases exponentially according to NHTSA data.
Drunk driving crashes tend to involve high speeds, delayed braking, and head-on or broadside impacts, which produce some of the most catastrophic injuries seen in any type of motor vehicle accident. Common injuries include:
If you’re in an accident while operating a motorcycle, there is a very high chance of suffering a motorcycle accident injury, so make sure it is documented no matter how minor it may seem.
To win a civil drunk driving injury claim, your attorney must establish four core elements:
Evidence used to prove these elements typically includes:
When you contact Warshafsky Law, we immediately begin building this evidence record and preparing your case for trial, not just for settlement.
Every drunk driving injury case is different, and no attorney can guarantee a specific outcome. However, the categories of compensation available to victims in Wisconsin are broad and can include:
You should never attempt to settle your claim until your injuries from the accident have completely healed. Once your claim is settled, it’s OVER, and any injuries you may discover afterwards will not be compensated. We have a physician on our staff to make sure all necessary diagnosis and treatment is covered in your claim.
It’s impossible to know the full extent of the accident’s effects on your life and health until a full recovery has been made. Medical costs, pain and suffering, lost work, and other factors must all be considered. Warshafsky Law has the experience and determination to get you every cent of compensation you’re entitled to, and insurance companies know it.
There is no single answer, but most drunk driving injury cases in Wisconsin resolve within 6 to 18 months. Cases involving severe or permanent injuries, disputed liability, or significant insurance resistance can take 12 to 36 months or longer. Several factors can extend the timeline:
The sooner you contact an attorney, the better positioned you are to preserve evidence, meet legal deadlines, and build the strongest possible case.
The steps you take immediately after a drunk driving crash can have a significant impact on your health and your legal claim. If you are able to do so safely:
Time is critical. Wisconsin’s statute of limitations for personal injury claims is generally three years from the date of the accident. For wrongful death claims arising from a motor vehicle accident, the deadline is two years. Missing these deadlines can permanently bar your right to compensation.
Wisconsin law recognizes comparative negligence in car accident cases, meaning the fault of everyone involved in the accident is “compared.” Even if you’ve been hit and injured by a drunk driver, the insurance company’s lawyers will look for any aspect of a decision or action you made, attempting to show it could have contributed to causing your injuries. This can lead to a serious reduction in the amount of your claim.
The stakes are high, and you need elite car accident lawyers representing you. Don’t let the drunk driver’s insurer decide how much compensation you’re entitled to.
Drunk driving injury cases are among the highest-value, highest-resistance cases in personal injury law; insurance companies assign experienced defense teams to these claims and look for every opportunity to reduce exposure. Warshafsky Law has been fighting for injured Wisconsin residents for more than 60 years. We are a Milwaukee-based law office with a trial-ready reputation and a track record of Society Changing Judgments. When you retain Warshafsky Law, you get:
Don’t take chances with a “sign and settle” law firm looking for a quick and easy insurance settlement. When you contact a personal injury lawyer at Warshafsky Law, we immediately begin to prepare your case for trial. Insurance companies know us, and when we’re representing you they’ll sit up and take your case seriously.
Even in a no-fault insurance state like Wisconsin, insurance companies are well aware of the risk if a case goes to trial and a jury decides how much to award the injured party. It’s in their best interests (NOT YOURS) to offer you a settlement and pressure you to act quickly. Our legal team includes a former insurance company lawyer, and we know how far they’ll go to avoid paying the full amount you’re entitled to.
Experienced Warshafsky personal injury lawyers help injured accident victims get the fair settlement they deserve. We fight for your best interests against big insurance companies including State Farm, GEICO, Allstate, American Family, Progressive, Acuity and West Bend.
Seek medical attention immediately, even if you feel uninjured. Call law enforcement so a police report is created at the scene. Document the crash with photos and witness information. Do not give a recorded statement to any insurance company before speaking with an attorney. Contact Warshafsky Law as soon as possible so we can begin preserving evidence and preparing your case.
Yes. You have the right to pursue a civil claim for your damages regardless of whether the drunk driver is charged or convicted criminally. Even if the driver avoids a criminal conviction, your civil claim can still succeed based on a lower burden of proof.
You may be entitled to recover medical expenses (past and future), lost wages, loss of earning capacity, pain and suffering, property damage, and, in appropriate cases, punitive damages. If a loved one was killed, surviving family members may pursue a wrongful death claim for additional categories of loss.
Yes, and often favorably. A guilty plea or criminal conviction for OWI is powerful evidence of fault in your civil case. Our attorneys monitor the criminal proceedings closely and use any admissions or findings to strengthen your civil claim.
Potentially, yes. Wisconsin law permits punitive damages in civil cases where the defendant’s conduct was intentional or showed a reckless disregard for the rights of others. Choosing to drive with a BAC above the legal limit can meet this standard, particularly for repeat offenders. Punitive damages are not guaranteed and depend on the specific facts of your case, but their availability is one reason drunk driving claims can carry significantly higher value than standard negligence cases.
Wisconsin’s statute of limitations for personal injury claims is generally three years from the date of the accident. For wrongful death claims arising from a motor vehicle accident, the deadline is two years from the date of death. Missing these deadlines can permanently bar your right to seek compensation. Contact an attorney as soon as possible after the crash to protect your rights and preserve critical evidence.
An uninsured drunk driver does not mean you are without recourse. Your own auto insurance policy may include uninsured motorist (UM) coverage that can compensate you for medical bills, lost wages, pain and suffering, and other damages. You should consult with a lawyer quickly before assuming your options are limited.
Most personal injury cases, including drunk driving cases, resolve before trial through negotiated settlements. However, the willingness and ability to go to trial is what forces insurance companies to offer fair compensation. At Warshafsky Law, we prepare every case as if it will go before a jury. Insurance companies know our reputation, and that changes how they respond to our clients’ claims.
If you or someone you love has been hit by a drunk driver in Milwaukee or anywhere in Wisconsin, do not wait. The evidence that wins cases begins to disappear immediately after a crash. Insurance companies are already working against you. Warshafsky Law is ready to fight for the maximum compensation you are entitled to, and we do not collect a fee unless we win your case.
Call Warshafsky Law now for a free consultation. We are available 24/7. No fee unless we win.
