Benjamin S. Wagner

Personal Injury Lawyer in Milwaukee, Wisconsin

Benjamin S. Wagner is a shareholder and Managing Partner at Habush Habush & Rottier’s Milwaukee office. He has practiced with the firm since 2003 and focuses his practice on complex personal injury, medical malpractice, product liability, nursing home and elder care, and wrongful death. Benjamin has extensive trial experience in cases involving serious injuries and deaths and has represented clients throughout Wisconsin in matters involving motor vehicle accidents, construction accidents, premises liability, and other forms of negligence.

Benjamin has secured significant results for his clients through trial and complex litigation. In 2024, he secured an unprecedented $4 million punitive damages verdict in Kenosha County in a case involving the death of a memory care resident. The result contributed to Benjamin receiving the 2025 Robert L. Habush Trial Lawyer of the Year Award from the Wisconsin Association for Justice. He previously received the award in 2021.

Benjamin’s professional recognition includes selection to Super Lawyers® every year since 2013, including Top 50 Wisconsin recognition from 2014 through 2025 and Top 25 Milwaukee recognition from 2015 through 2025. In 2025, he was also recognized among the Top 10 Wisconsin Super Lawyers. Benjamin has also been recognized by The Best Lawyers in America® since 2012. His current areas of recognition include Personal Injury Litigation – Plaintiffs and Product Liability Litigation – Plaintiffs.

Benjamin is a Fellow of the International Academy of Trial Lawyers, a prestigious, invitation-only organization of trial lawyers recognized for their exceptional courtroom skills, integrity, and contributions to the legal profession. Fellowship in the Academy is limited to 500 trial lawyers worldwide, making it a highly selective distinction within the trial bar.

Benjamin is also a Fellow of the Litigation Counsel of America. He is certified by the National Board of Trial Advocacy as a Civil Trial Specialist and by the National Board of Civil Pretrial Practice Advocacy as an advocate, reflecting his extensive experience in civil trial and pretrial advocacy.

Benjamin has long been active in the Wisconsin legal community. He is a past president of the Wisconsin Association for Justice and continues to serve as chair of its Justice Fund. In 2019, Benjamin was appointed by Governor Tony Evers to the Judicial Selection Advisory Committee and became the co-chair of this committee in 2022. The Judicial Selection Advisory Committee interviews and recommends candidates for judicial vacancies across Wisconsin.

Benjamin is also involved in organizations supporting the Milwaukee community. He serves on the boards of Milwaukee World Festival, Inc., Discovery World, and the Sojourner Family Peace Center and is a trustee of the Milwaukee Repertory Theater. He also chairs the Medical College of Wisconsin Neuroscience Research Center Board.

Benjamin graduated magna cum laude from the University of Wisconsin Law School in 2003, where he received the Phillips Owens Memorial Scholarship for outstanding academic achievement and community service. He earned his undergraduate degree from Emory University in 2000.

Benjamin’s commitment to trial advocacy and protecting the rights of injured people is rooted in his family’s background in the legal and medical professions. He remains dedicated to mentoring the next generation of trial attorneys and supporting organizations focused on families, education, health care, and the Milwaukee community.