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Fitchburg Drunk Driving Accident Lawyer

Legally Reviewed By:

William Pemberton

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Drunk driving crashes are almost always preventable, which makes them some of the most frustrating and devastating. The driver chose to get behind the wheel, and now you’re left to deal with the damage, but you don’t have to do it alone.

Pemberton Personal Injury Law Firm helps Fitchburg families rebuild after a drunk driving accident. We know the weeks after a crash like this are filled with medical appointments, insurance calls, and hard questions about what comes next. Our team is here to help you find clear answers and pursue the compensation you may be owed.

What Does Wisconsin Consider Drunk Driving?

Wisconsin calls this offense OWI, which stands for operating while intoxicated. For most Wisconsin drivers, the prohibited alcohol concentration is 0.08 or higher. A driver may also violate Wisconsin’s OWI law if alcohol or drugs impair their ability to drive safely, regardless of their alcohol concentration.

These crashes happen more often than most people realize. According to the National Highway Traffic Safety Administration, someone in the United States is killed in a drunk driving crash every 44 minutes. These deaths are preventable, which is part of why Wisconsin law takes drunk driving so seriously.

Is a Drunk Driving Crash Different From a Regular Car Accident?

Yes, and the difference matters for your case. A drunk driving crash often triggers a criminal case moving through the courts at the same time as your injury claim. These cases are separate, but evidence gathered during the criminal case may also be relevant to your injury claim.

The criminal case focuses on punishing the driver. Your injury claim focuses on getting you paid back for what the crash cost you. Police reports, chemical test results, and other evidence from the OWI case may help support your injury claim. An insurance company may still question the cause, seriousness, or value of your injuries, even when there is strong evidence of impairment.

What Compensation May Be Available After a Fitchburg Drunk Driving Accident?

If a drunk driver hurt you in Fitchburg, you may be able to recover money for several types of losses. These often include:

  • Medical bills, both past and future
  • Lost wages from missing work
  • Pain and suffering
  • Damage to your vehicle
  • Emotional distress from the crash

Every case is different, and the value of your claim depends on your specific injuries and losses. A Fitchburg personal injury lawyer at our firm can review your situation and help you understand what your case may be worth.

What Should You Do Right After a Fitchburg Drunk Driving Crash?

The steps you take after a crash can affect both your health and your claim. First, call 911 and, if it is safe, remain at or near the scene until emergency responders arrive. This also helps ensure that the crash is documented in an official police report. This report often notes signs of impairment, which can support your case later.

Second, get medical care right away, even if you feel fine. Symptoms of some injuries, including concussions and internal injuries, may not be obvious right away. A medical record also helps connect your injuries to the crash.

Third, avoid speaking with the other driver’s insurance company before you talk to a lawyer. Statements made to the other driver’s insurer may later be used when evaluating your claim. An attorney can handle that communication and help you avoid giving an incomplete account before the full extent of your injuries is known.

How Long Do I Have to File a Claim in Wisconsin?

In many cases, a Wisconsin personal injury lawsuit must be filed within three years of the accident. However, some exceptions may change the deadline.

Waiting too long can mean losing your right to file at all. It is best to speak with our lawyers as soon as possible so you understand your rights and do not miss this important deadline.

What Happens if a Drunk Driving Crash Causes a Death?

Some drunk driving crashes are so severe that they take a life. If this happened to your family, you may be able to file a wrongful death claim.

This kind of case cannot undo what happened, but it may help your family recover funeral expenses, lost financial support, and other losses connected to the death. Our team approaches these cases with care and works to hold the responsible driver accountable.

How Can a Lawyer Help After a Drunk Driving Crash?

A Fitchburg drunk driving accident lawyer can take a lot of that weight off your shoulders. Here is what our team can do for you:

  • Gather the police report, witness statements, and toxicology results
  • Track down and preserve security footage before it gets deleted
  • Handle every conversation with the insurance company
  • Document the full extent of your medical expenses, lost income, and pain and suffering
  • Monitor the related criminal case and obtain available records that may support your claim 

We also know how to spot when an insurance company is lowballing an offer. Evidence that the other driver was impaired may strengthen your claim, and we work to ensure that all available evidence is considered when seeking a settlement or verdict.

Talk to Pemberton Personal Injury Law Firm Today

At Pemberton Personal Injury Law Firm, we bring 90+ years of combined experience to every drunk driving case we take on. Founder William Pemberton has been selected to Wisconsin Super Lawyers for 13 consecutive years, and members of our team have insurance-defense experience that gives us insight into how insurers evaluate and defend claims.

We work on a contingency-fee basis, so you pay nothing upfront, and we stand behind The Pemberton Promise: results, respect, relentless advocacy, and the commitment that you will never fight alone. If a drunk driver hurt you or your family in Fitchburg, reach out today for a free case evaluation and let us help you take the next step forward.

Why Choose Us?

Insurance companies profit when you lose. Every claim they deny, every settlement they lowball, every injured person they convince to accept less—that’s money in their pocket. And they’re very good at what they do.

But So Are We.

At Pemberton Personal Injury Law Firm, we’ve made it our mission to take on the insurance companies that put profits over people. We know every underhanded tactic they’ll use to cheat you out of fair compensation, and we’re prepared to fight fire with fire. When insurance adjusters see us coming, they know they’re in for a real battle. You didn’t ask to be injured.

You didn’t ask to fight a billion-dollar corporation. But now that you’re here, you deserve lawyers who will go to war for you. We don’t settle for less than full compensation, we don’t back down from tough fights, and we don’t let insurance companies bully our clients. PERIOD.

Awards & Recognition

Free Case Evaluation From Our Fitchburg Drunk Driving Accident Lawyers

Life following a serious injury can bring intense emotions and pain. Accident victims often hope to get their lives back on track, only to be held back by the demands involved with personal injury claims. This is especially the case for individuals who become hospitalized. Wherever you are in the process, we’d be glad to help.

Our injury lawyers in Wisconsin step up to represent you. At Pemberton, we provide this advocacy at every step in the injury claims process so you can be on your way to feeling like yourself again.

Contact our Wisconsin personal injury attorneys at (608) 448-6242 to speak with one of our experienced attorneys. We will create a plan together to help you protect your rights and get you back to your life.

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Recent Wins

$40M+ Won For Our Clients

$1,262,500

Client sustained life-threatening injuries after being hit by a driver who passed away at the scene. We obtained close to the policy limits with an additional claimant pre-suit and negotiated medical liens down over $250,000.

$260,000

The client, a minor passenger, suffered serious injuries in an auto accident, including fractured cervical and lumbar spine, intracranial hemorrhage, concussion, broken nose, head lacerations, vision issues, hip injury, and scarring. We coordinated with the proper guardian to represent the minor and efficiently secured the $260,000 settlement from both third-party and UIM coverage. We also ensured medical bills were properly handled, medical liens were reduced by $15,447.53, and unnecessary claims were dismissed.

$255,000

The client was injured in an auto accident, sustaining a jammed right index finger, neck injuries, a concussion, headaches, and vision problems. We resolved the case for $255,000 and secured a $5,000 medical lien reduction to maximize the client’s recovery.

Client Testimonials

“Focus on healing and we will take care of everything on the legal side”

Beth

“If you ever need an attorney, he would be the first one I recommend”

 

Dennis K.