If you have been harmed by another driver’s dangerous decision to drive while intoxicated, you deserve justice and just compensation for everything you’ve endured. At Schwaba Law Firm, we understand the disruption and stress that serious injuries can cause. Since 2010, Andrew Schwaba has fought for injured people throughout Wisconsin. If you’ve been hurt by a drunk driver in Green Bay, you need an experienced drunk driving accident lawyer to help you seek full and fair compensation. Contact Schwaba Law Firm today for a free case evaluation to review your legal options.
Understanding Your Rights After a Drunk Driving Accident in Green Bay
Wisconsin law provides strong protections for people injured by drunk drivers. The drunk driver may face criminal prosecution, but you will need to take separate legal action in civil court to hold the at-fault driver financially responsible. As a victim, you may have the right to pursue financial compensation through a personal injury lawsuit against the drunk driver. The criminal case and your civil case are separate proceedings with different goals. While the criminal system focuses on punishing the offender, your civil claim aims to make you whole again by demanding maximum compensation for your losses.
You don’t have to negotiate with an insurance carrier on your own or accept the insurance company’s first offer as final. An experienced drunk driving car accident lawyer can handle settlement negotiations on your behalf and push back against insurance company intimidation tactics.
Many drunk driving accident law firms, including Schwaba Law Firm, represent injury victims on a contingency fee basis. You pay nothing unless we recover compensation for you. Consider the experience of a drunk driving car accident lawyer when choosing legal counsel.
What To Do After a Drunk Driving Crash
The steps you take immediately following a motor vehicle accident caused by an intoxicated driver are crucial. You should:
- Seek medical attention right away. Some serious injuries don’t show symptoms immediately, and medical records create important documentation linking your injuries to the crash.
- Call the police to report the accident. Officers will investigate the crash, test the other driver for intoxication, and create an official police report. This report will be a significant piece of evidence in your case.
- If possible to do so safely, gather evidence at the scene by taking photos of vehicle damage, road conditions, and visible injuries. Collect contact information from anyone who saw what happened as well.
- Avoid discussing the accident online or providing recorded statements to insurers without consulting a drunk driving accident lawyer first. Insurance adjusters may use your words or social media posts against you to minimize your claim.
- Keep copies of all medical bills, receipts, and documentation related to your injuries and medical treatment. These records help prove the extent of your losses.
Who Can Be Held Liable in a Green Bay Drunk Driving Accident?
Wisconsin law allows you to hold multiple parties accountable depending on the circumstances.
- The drunk driver: This individual chose to get behind the wheel while impaired and should be held accountable for the harm they caused.
- Bars, restaurants, or liquor stores: Wisconsin’s dram shop laws are limited. They allow you to hold establishments liable if they knowingly served alcohol to an underage person who then caused an accident.
- Vehicle owners: In some cases, the owner of a vehicle can be held financially responsible if they allowed someone they knew was intoxicated to drive their car.
A drunk driving accident lawyer can investigate the accident circumstances and identify all potential sources of insurance coverage to maximize your recovery. Pursuing claims against multiple parties may provide additional insurance policies to cover the full value of your losses.
How We Prove Negligence and Build a Strong Case
Building a strong case requires gathering evidence that demonstrates how the drunk driver’s actions caused your injuries. At Schwaba Law Firm, our legal professionals will:
- Obtain the official police report
- Gather medical records showing your injuries, treatment, and prognosis for recovery
- Interview witnesses who can testify about what they saw before, during, or after the crash
- Consult with accident reconstruction specialists when appropriate
- Investigate whether the drunk driver has a history of OWI offenses, which can strengthen your case
Andrew Schwaba investigates each case as though it will go before a jury. That tells insurance companies that he is serious about pursuing justice and seeking maximum compensation for accident victims.
Compensation You May Be Entitled To Claim
Drunk driving accidents often result in severe injuries that create significant financial and personal hardships. If you sustained injuries caused by a negligent driver, you may be entitled to seek compensation from the at-fault party for the following types of losses:
- Medical expenses, including emergency treatment, hospital stays, surgeries, medications, and rehabilitation
- Lost wages for missing work
- Lost earning capacity if your injuries prevent you from working in the future or limit the type of work you can do
- Physical pain and suffering
- Emotional distress
- Reduced quality of life
In cases where a drunk driver’s actions killed someone, surviving family members can file a wrongful death lawsuit to recover funeral and burial expenses for their loved one, the loss of financial support, and compensation for the loss of companionship and guidance.
Wisconsin OWI Laws and How They Affect Your Case
Wisconsin takes drunk driving seriously, and Operating While Intoxicated (OWI) laws can strengthen your civil case. Under Wisconsin law, drivers with a BAC of 0.08 percent or higher are legally impaired. For commercial drivers, the limit is 0.04 percent, and for drivers under 21, any detectable amount of alcohol can result in OWI charges
When a drunk driver faces criminal OWI charges related to your accident, their criminal conviction can serve as powerful evidence in your civil case. The conviction proves the driver was intoxicated, which helps establish liability. However, you don’t need to wait for the criminal case to conclude to pursue your civil claim.
Wisconsin also imposes time limits for filing personal injury lawsuits. You generally have three years from the accident date to file a lawsuit.
Let Our Green Bay Legal Team Fight for the Compensation You Deserve
You shouldn’t have to suffer financially because someone else made the dangerous decision to drink and drive. At Schwaba Law Firm, attorney Andrew Schwaba has dedicated his career to helping people who have been harmed through no fault of their own. Having an experienced drunk driving accident attorney can make all the difference in an accident victim’s physical, emotional, and financial recovery.
Andrew is a Wisconsin native and his client-focused approach reflects the common-sense values of the communities he serves, placing the needs of injured people first. He understands that if you have had your life turned upside down by a drunk driver, you need a drunk driver injury lawyer who will provide trusted legal guidance and fight aggressively to make things right. Contact Schwaba Law Firm today for a free initial consultation with an experienced drunk driving injury lawyer.
