Drunk Driving Accident Victims: Your Rights to Compensation in Wisconsin

January 22, 2026

Being involved in a drunk driving accident can be a traumatic and life-altering experience. In Wisconsin, victims of drunk driving crashes have the right to pursue compensation for their injuries and losses. At Phillips, Cymerman & Trager, S.C., we understand the physical, emotional, and financial challenges faced by those affected and are dedicated to protecting your rights.

Blue car with front-end damage, rear-ended by a black car on a road.

Understanding Your Rights After Being Injured by a Drunk Driver 

When a drunk driver causes a crash, Wisconsin law allows victims to seek damages for various losses, including:

  • Medical expenses 
  • Lost wages and loss of earning capacity 
  • Physical pain and emotional suffering 
  • Property damage 
  • Long-term disability or permanent impairment 
  • Punitive damages in certain cases


Even if the drunk driver is criminally charged, you still need to take legal action to obtain compensation for your injuries.


Why You Need an Experienced Wisconsin Injury Attorney After A Drunk Driving Accident 

Drunk driving accident cases can be complex. The at-fault driver’s insurance company may try to minimize or deny your claim. Additionally, some drunk drivers may have limited insurance coverage or may attempt to hide assets. Our skilled attorneys at Phillips, Cymerman & Trager, S.C. know how to build strong cases that prove fault and maximize your compensation.


We will:

  • Investigate the accident thoroughly, gathering police reports, witness statements, and toxicology reports
  • Work with medical experts to document the extent of your injuries
  • Negotiate with insurance companies and pursue legal action if needed
  • Help you navigate Wisconsin’s laws regarding comparative fault and damages


Take Immediate Steps After a Drunk Driving Accident 

  • Call 911 immediately so the police can document the crash and evaluate the drunk driver
  • Seek medical attention right away to connect your injuries to the accident
  • Gather as much evidence at the scene as possible (photos, contact info, police report number)
  • Avoid discussing fault or making statements to the opposing party or their insurer
  • Contact a knowledgeable personal injury attorney promptly to protect your rights 
Man driving with two beer bottles in his lap, looking down at the steering wheel.

What If the Drunk Driver Was Arrested?

Many victims assume that if the drunk driver is arrested and charged with OWI, the criminal process will automatically provide compensation. Unfortunately, that is not the case.


Criminal charges punish the drunk driver.

They do not pay for your medical bills, lost wages, or pain and suffering.


Your civil claim is separate—and essential.

Whether the drunk driver is arrested, charged, or convicted:

  • You can still file a personal injury claim.
  • You can still pursue compensation.
  • Your case may even be stronger because the driver’s intoxication is documented.


An OWI conviction in Milwaukee can help your civil case, but it does not replace it. You must pursue a separate injury claim to recover your losses.


Don’t Face This Battle Alone 

If you or a loved one has been injured in a drunk driving accident in Wisconsin, you deserve compassionate care and aggressive legal representation. Contact Phillips, Cymerman & Trager, S.C. today at 414-271-4262 for a free consultation. We are here to answer your questions, explain your options, and fight for the compensation you need to recover and rebuild your life.


Remember, time limits apply to personal injury claims, so don’t delay. Call us now at 414-271-4262 and let our experienced team stand by your side through this difficult time.

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