Benjamin S. Wagner

Attorney Profile

Top Rated Personal Injury Attorney in Milwaukee, WI

Habush Habush & Rottier S.C.
777 East Wisconsin Avenue, Suite 2300
Milwaukee, WI 53202
Phone: 414-271-0900
Fax: 414-271-6854
Selected to Super Lawyers: 2013 - 2021
Selected to Rising Stars: 2006 - 2012
Licensed Since: 2003
Practice Areas: Personal Injury - General: Plaintiff
Attorney Profile

Benjamin S. Wagner is a shareholder with the firm. His practice includes nursing home abuse and neglect, personal injury, car accidents, construction accidents, premises liability incidents, wrongful death, invasion of privacy claims and motorcycle accidents. Benjamin has successfully tried numerous cases throughout Wisconsin. Because of his significant trial experience and success, he has been certified as a Civil Trial Specialist by the National Board of Trial Advocacy and as an advocate by the National Board of Civil Pretrial Practice Advocacy.

The Honorable Judge Stephanie Rothstein appointed Mr. Wagner as her Court Commissioner. In 2009, he was selected by Wisconsin Law Journal as one of 20 up and coming lawyers in the State. He was named a Rising Star from 2006 – 2012 by Milwaukee Magazine. He has also been named to the Super Lawyers list since 2013. In 2014 and 2016 - 2020 he has made the Top 50 Wisconsin Super Lawyers list and since 2015 has been named to the Top 25 Milwaukee Super Lawyers list. In 2016, the Milwaukee Business Journal named him to one of their “40 Under 40”, and the Wisconsin Law Journal named him a 2016 “Leader in the Law.” He has also been listed annually in Best Lawyers in America since 2012, including the most recent edition in 2021, for personal injury litigation. Benjamin has received a 10 out of 10 (superb) rating in the Avvo legal directory.

Benjamin is a Past President of the Wisconsin Association for Justice, which is the state’s trial lawyer association and Wisconsin’s largest voluntary bar organization. He is also a member of the State Bar of Wisconsin, the Milwaukee Bar Association, American Association for Justice, the American Bar Association and a Fellow of the American Bar Foundation. Benjamin was selected by Wisconsin Governor Tony Evers for the Judicial Selection Committee, which helps interview and recommend candidates to judicial vacancies.

Benjamin is extremely active in various community and civic causes as well. He currently serves on the Board of Directors of: Sojourner Family Peace Center in Milwaukee; Discovery World in Milwaukee; Hispanic Professionals of Greater Milwaukee; and is the Chair of the Neuroscience Research Center Board of the Medical College of Wisconsin. Benjamin is also a former board member of the Legal Aid Society of Milwaukee and Milwaukee World Festival, Inc., and Safe and Sound.

Benjamin comes from a family of legal and medical professionals and decided to attend law school so that he could use the legal system to protect people’s rights. He received his Bachelor of Arts degree in 2000 from Emory University, where he was a member of the Political Science Honor Society. He served as a Judicial Intern for Wisconsin Supreme Court Justice William Bablitch and was the Lafollette-Peck Legal Fellow for Senator Kohl’s Judiciary Committee Counsel in Washington D.C. He graduated magna cum laude from the University of Wisconsin Law School in 2003 and received the Phillips Owens Memorial Scholarship for outstanding academic achievement and community service.

Practice Areas
  • 100%Personal Injury - General: Plaintiff

Selections

9 Years Super Lawyers
7 Years Rising Stars
  • Super Lawyers: 2013 - 2021
  • Rising Stars: 2006 - 2012

Certificates and Credentials

White Papers

  • The 7th Amendment: A Gift from our Nation's Founders (2017) - Last December marked the 225th anniversary of the Bill of Rights. The first ten amendments, added to our Constitution to protect individual rights and liberties, were ratified on December 15, 1791. Among the provisions included in the Bill of Rights is the right to a civil jury trial afforded by the 7th Amendment. The key promise of the 7th Amendment is that “the right of trial by jury shall be preserved.”  We must heed these wise words today.
  • Champions and Guardians of the Seventh Amendment (2016) - It is a tremendous honor and privilege to begin serving as President of Wisconsin’s trial lawyer association. As trial lawyers, we empathize with people who need our help.  When we see a vulnerable person in need, we instinctively commit to use our hearts, minds and the 7th amendment to achieve justice for them.  As we know, the 7thAmendment guarantees a jury trial in civil cases.  Together, with our state constitution, we declare that this right should be inviolate. We are the champions and guardians of the Seventh Amendment. It is our most powerful tool and a pillar of our democracy. 
  • The Power of Advocacy (2017) - We are trial lawyers. We are the protectors and guardians of our civil justice system.  We are the ultimate advocates for our individual clients in the courtroom. We exercise the 7th amendment power to seek and obtain justice for our clients in the courtroom, but this is not where the power, efficacy, and strength of our advocacy ends.  We are advocates for justice, compassion, and equality in our communities. Individually, we take on leadership roles in our respective communities for just causes.  We give back.  We engage. We activate.  We are good neighbors.  Collectively, by doing so, we help our communities shape and define justice.
  • Collaborate for Justice (2017) - As Trial Lawyers, we embrace the power of advocacy and seek a greater mastery of courtroom skill and presentation. We must, however, always aspire to be more than that. Obtaining justice for our clients requires that we seek to understand not only their legal claims, but how to seek justice as they define it.

About Benjamin S. Wagner

Admitted: 2003, Wisconsin

Professional Webpage: https://www.habush.com/attorneys/benjamin-s-wagner/

Bar/Professional Activity

  • Legal Aid Society of Milwaukee - Past Board Member
  • Hispanic Professionals of Greater Milwaukee - Board Member, 2020
  • Fellow of the American Bar Foundation, 2019
  • Member of Governor Tony Evers Judicial Selection Committee, 2019
  • Board of Directors Discovery World, 2019
  • Former board member of Milwaukee World Festival
  • Board of Directors Sojourner Family Peace Center, 2019
  • Former board member of the Legal Aid Society of Milwaukee
  • Chair of the Neuroscience Center Advisory Board of the Medical College of Wisconsin, 2020
  • Past President of the Wisconsin Association for Justice, 2019
  • Former Board of Directors Safe & Sound, Inc., 2019
  •  President, Wisconsin Association for Justice, 2017
  • Past President of Milwaukee Young Lawyers Association Past Chair of Wisconsin Association for Justice New Lawyers Section Board of Directors of Legal Aid Society of Milwaukee

Pro bono/Community Service

  • Member of Governor Evers' Judicial Selection Committee
  • Board of Directors - Hispanic Professionals of Greater Milwaukee, 2020
  • Chair Neuroscience Center Advisory Board of the Medical College of Wisconsin
  • Secretary, Board member, Jewish Family Services; Chair of Fund Development Committee
  • Former board member, Milwaukee World Festival, Inc., 2007-2010
  • Board of Director Legal Aid Society, 2012
  • Board of Director, Discovery World - Milwaukee, 2012

Verdicts/Settlements

  • Achieved a 1.425M wrongful death settlement for family emanating from a collision between a truck and car.  . 
  • Verdict of approximately $549,000 with additional recovery due to statutory offer of settlement on behalf of lady that was injured in a car collision. She suffered soft tissue injuries to the knee and neck, and aggravated headaches. Final pretrial offer from the defendant was $150,000. , 2021
  • Achieved a $1,375,000 verdict for a good Samaritan who stopped to help a stalled car and was pinned between cars when an inattentive driver rear ended the car. The award was given for past and future medical expenses, wages and pain and suffering, 2017
  • Achieved a $41,316 verdict for a client that was rear-ended by a truck driver. The award was given for past medical expenses, wages and pain and suffering, 2017

Scholarly Lectures/Writings

  • Collaborate for Justice
  • Champions and Guardians of the Seventh Amendment
  • The 7th Amendment: A Gift from our Nation’s Founders
  • The Power of Advocacy

Educational Background

  • 2003 University of Wisconsin Magna Cum Laude 2000 Emory University

Special Licenses/Certifications

  • Certified Civil Trial Specialist by National Board of Trial Advocacy, 2010
  • Certified as an advocate by the National Board of Civil Pretrial Practice Advocacy in 2012

Other Outstanding Achievements

  • Appointed by the Honorable Stephanie Rothstein as a Milwaukee County Court Commissioner, 2018
  • Best Lawyers in America
  • Board Certified Trial Specialist by National Board of Legal Specialty Certification (NBTA)  
  • Successfully tried dozens of jury trials throughout Southeastern Wisconsin, 2003
  • Appointed Court Commissioner by Honorable Judge Stephanie Rothstein, 2014

Honors/Awards

  • Personal Injury Litigation - Plaintiffs (Milwaukee) , Best Lawyers in America, Best Lawyers® in America, 2020
  • Personal Injury Litigation - Plaintiffs (Milwaukee) , Best Lawyers in America, Best Lawyers® in America, 2021
  • Avvo Rating 10.0
  • Personal Injury Litigation - Plaintiffs (Milwaukee) , Best Lawyers in America, Best Lawyers® in America, 2017
  • Top 25 Milwaukee Super Lawyers, 2015-2019, Wisconsin Super Lawyers® Top 25 Milwaukee Attorneys, Super Lawyers®
  • Top 50 Wisconsin Super Lawyers, 2014, 2016-2019, Wisconsin Super Lawyers® Top 50 Attorneys, Super Lawyers®
  • Rising Star, 2006-2012
  • Wisconsin Super Lawyers, 2013-2019, Wisconsin Super Lawyer, Super Lawyers®
  • Personal Injury Litigation - Plaintiffs (Milwaukee) , Best Lawyers in America, Best Lawyers® in America, 2012
  • Personal Injury Litigation - Plaintiffs (Milwaukee) , Best Lawyers in America, Best Lawyers® in America, 2019
  • Personal Injury Litigation - Plaintiffs (Milwaukee) , Best Lawyers in America, Best Lawyers® in America, 2018
  • Leader in the Law, Wisconsin Law Journal, 2016
  • Personal Injury Litigation - Plaintiffs (Milwaukee) , Best Lawyers in America, Best Lawyers® in America, 2016
  • Personal Injury Litigation - Plaintiffs (Milwaukee) , Best Lawyers in America, Best Lawyers® in America, 2014
  • Milwaukee Business Journal, 40 Under 40, 2016
  • 20 Up and Coming Lawyers in Wisconsin, Wisconsin Law Journal, 2009
  • Personal Injury Litigation - Plaintiffs (Milwaukee) , Best Lawyers in America, Best Lawyers® in America, 2013
  • Personal Injury Litigation - Plaintiffs (Milwaukee) , Best Lawyers in America, Best Lawyers® in America, 2015

Comments

  • “ Best Personal Injury Attorney in Milwaukee at his age.”
  • “ Hard working and effective.”
  • “ Up and comer. Good pedigree.”
  • “ Ben and I work together on a case that will be tried in April. I have learned invaluable lessons on the trial preparation process and how to anticipate the issues that will arise during trial.”

These comments were made by fellow attorneys during the annual nomination process.

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Office Location for Benjamin S. Wagner

777 East Wisconsin Avenue
Suite 2300
Milwaukee, WI 53202

Phone: 414-271-0900

Fax: 414-271-6854

Last Updated: 6/11/2021

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