Wisconsin Notice of Claim

Introduction

Key Things to Know

1. 1

   The deadline is short and strict. For a claim against a state officer, employee or agent, the claimant must comply strictly with 893.82 (893.82(2m)). Reading the statute or contacting the entity's clerk or risk management office confirms the current rule for your claim.

2. 2

   State track (Wis. Stat. 893.82): a claim against a state officer, employee or agent needs written notice served on the Attorney General within 120 days of the event causing the injury, damage or death. Medical malpractice claims are excepted (893.82(5m)). Claims against state agencies themselves go to the Claims Board (Wis. Stat. 16.007).

3. 3

   The state notice must be sworn to by the claimant. It is served on the Attorney General at the Attorney General's office in the capitol or at the Department of Justice, by personal service or certified mail. Notice by certified mail is given on mailing (893.82(5)).

4. 4

   The state notice states the time, date, location and circumstances of the event, and the names of the persons involved, including the state officer, employee or agent.

5. 5

   Local track (Wis. Stat. 893.80): for a city, county, other governmental subdivision or agency, or a volunteer fire company, a written notice of the circumstances of the claim, signed by the party, agent or attorney, is due within 120 days after the event. For negligent inspection, the period is 1 year after discovery (893.80(1p)).

6. 6

   The local notice is served on the entity and on the officer or employee involved under the service rules of Wis. Stat. 801.11. A separate claim, with the claimant's address and an itemized statement of the relief sought, is presented to the clerk or the person who performs the clerk's duties.

7. 7

   If a local body does not disallow the claim within 120 days after presentation, that failure is a disallowance. No action may be brought more than 6 months after service of the notice of disallowance (893.80(1g)).

Wisconsin Requirements for Notice of Claim

• State Employee Notice Deadline

  Wis. Stat. 893.82(3): written notice served on the Attorney General within 120 days of the event causing the injury, damage or death; medical malpractice excepted (893.82(5m)); strict compliance required (893.82(2m)).

• Local Notice Deadline

  Wis. Stat. 893.80(1d)(a): written notice of the circumstances, signed by the party, agent or attorney, within 120 days after the event; negligent inspection, 1 year after discovery (893.80(1p)).

• Recipient and Service

  State: the Attorney General, by personal service or certified mail, given on mailing (893.82(5)). Local: the entity and the officer or employee involved, under Wis. Stat. 801.11; the itemized claim goes to the clerk.

• Sworn State Notice

  Wis. Stat. 893.82(5): the notice against a state officer, employee or agent shall be sworn to by the claimant. It states the time, date, location and circumstances of the event and the persons involved.

• Disallowance and Suit Deadline

  Wis. Stat. 893.80(1g): a local claim not disallowed within 120 days after presentation is disallowed; no action more than 6 months after service of the notice of disallowance.

• Actual Notice Exception

  Wis. Stat. 893.80(1d)(a): a missed local notice does not bar the claim if the entity had actual notice and the claimant shows the delay was not prejudicial.

• Damages Limits

  Local: $50,000 per person, $25,000 against volunteer fire companies (893.80(3)). State officers, employees and agents: $250,000 (893.82(6)). Punitive damages barred under both.

• Itemized Local Claim

  For a local body, present a claim with the claimant's address and an itemized statement of the relief sought to the clerk or the person performing the clerk's duties.