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With Habush Since 2003

Benjamin S. Wagner

Personal Injury Lawyer in Milwaukee, WI

Benjamin S. Wagner is a shareholder of 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.  He is also a Fellow in the invitation-only Litigation Counsel of America and the Chair of the Wisconsin Association for Justice’s Justice Fund.

The Honorable Judge Laura Crivello 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 – 2021 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 2022, for personal injury litigation. Benjamin has received a 10 out of 10 (superb) rating in the Avvo legal directory. He was awarded the 2021 Robert L. Habush Trial Lawyer of the year Award from the Wisconsin Association for Justice, which recognized his exemplary abilities to successfully litigate complex claims before a jury, mentorship of the next generation of trial attorneys and his leadership in navigating the challenges posed to courtrooms by the pandemic.

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, the 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 recommends 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.

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Client Testimonials

My family and I worked with Benjamin Wagner and his team, and I was impressed throughout the process. We were deeply upset with the way an assisted living facility had treated one of my grandparents. The team helped us hold those who were responsible accountable. They were both organized and empathetic, and if, heaven forbid, you find yourself in a similar situation as we did, this law firm would surely be an excellent advocate on your behalf.

Mark Milwaukee
Attorney Benjamin S. Wagner Milwaukee Office

After a car accident, Habush & Habush was recommended to me by many. When all was said and done, I see why so many referred me to this law firm. Benjamin Wagner was professional, caring, and willing to help you in any way that he could. His whole team was the same way, quick to return calls, check in often, and provide any support you may need in your case. Now I recommend Ben Wagner and the Habush & Habush team to others who are looking for a quality law firm.

Rainee Milwaukee
Attorney Benjamin S. Wagner Milwaukee Office

After my mother was killed in a car accident, a friend of my family recommended Benjamin Wagner of the Habush Habush & Rottier Law Firm. In a time of great trauma and confusion, I was incredibly grateful to have the trustworthy and professional guidance of Mr. Wagner. Other lawyers assured me that the insurance companies would never pay the full limit of our policy but that is exactly what Habush Habush & Rottier was able to accomplish. Although the years following have been hard, it is comforting to know that there are good people who will step up for those of us who have been wronged. The people of Habush Habush & Rottier, and especially Mr. Wagner, embody the best that help those of us left behind to carry on.

Noah Milwaukee
Attorney Benjamin S. Wagner Milwaukee Office

Two of my children were involved in an automobile accident. With people injured both physically and mentally from the ordeal, I knew I needed to get an attorney to represent my kids who clearly were not at fault in this incident. Being new to Wisconsin, I called my attorney friend in Michigan who is a partner in a very high-profile international law firm. He did some research for me to find the best attorney’s in Wisconsin based on their record. He recommended Ben Wagner at Habush. Let me tell you, it was the best phone call I could have made! Rather than believing the marketing hype and advertising in the greater Milwaukee area about another law firm, I trusted an attorney to find the best attorney based on his record for his clients. In the end, Ben delivered! He negotiated a settlement that exceeded our expectations, which at least minimized some of the hardship created by this accident. I would also like to add, going beyond the settlement itself, is to speak to Ben’s demeanor. You don’t just get a top attorney with Ben, you get a family man that is approachable and easy to talk with who answers all your questions and respects you throughout the process. He is the utmost professional!

Steven Milwaukee
Attorney Benjamin S. Wagner Milwaukee Office

Meet Benjamin S. Wagner



  • 2003 University of Wisconsin Law School J.D., Magna Cum Laude
  • 2000 Emory University, Atlanta Georgia – Bachelor of Arts, Political Science, Phi-Sigma Alpha – Political Science Honor Society