notice of claim
Miss this step after a crash, fall, or other injury involving the government, and a case that looked solid can be thrown out before the facts ever get heard. A notice of claim is a formal written notice sent to a government body or agency telling it what happened, who was involved, and that compensation may be sought. It is not just a complaint letter, and it is not the same as filing a lawsuit. The point is to give the public entity a fair chance to investigate, preserve records, and decide whether to pay, deny, or settle the claim.
A lot of bad advice starts with, "Just sue them like anyone else." That is often wrong. Claims against a city, county, school district, state agency, or other public body usually come with special notice rules, shorter deadlines, and strict delivery requirements. If the notice is late, incomplete, or sent to the wrong office, the government may argue the claim is barred even when the injury is serious.
In Wisconsin, government claims are controlled mainly by Wis. Stat. § 893.80(1d) (2023-24) for local governments and Wis. Stat. § 893.82 (2023-24) for claims against state officers, employees, and agents. Those laws can require notice within 120 days and a separate claim before suit. That matters in injury cases because a missed notice deadline can wipe out leverage for settlement, block a personal injury suit, and leave an injured person chasing limited insurance instead.
Nothing on this page should be taken as legal advice — it's general information that may not apply to your specific case. If you've been hurt, a lawyer can tell you where you actually stand.
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