Did we wait too long to claim against Eau Claire after a firetruck crash?
Yes, maybe by a lot: for an Eau Claire city or county claim, the paper that usually had to go in was a written Notice of Circumstances of Claim within 120 days of the crash, and if that never happened, the case can be dead before anyone argues about the injuries.
The ugly part is that Wisconsin government claims are not normal car-crash claims. If an Eau Claire Fire Department truck, a city vehicle, or an Eau Claire County vehicle hit your family member, Wis. Stat. § 893.80 usually applies. That means two separate traps:
- Written notice of the event within 120 days
- A separate claim for relief stating the amount demanded before filing suit
If the government had actual notice of what happened and was not prejudiced by the late notice, a missed 120-day notice is not always fatal. Police reports, incident reports, body-cam, EMS records, and city investigation files can matter here. If the crash happened on a call and half the department responded, the city cannot always pretend it was blindsided.
If the vehicle belonged to the State of Wisconsin instead of the city or county, the rules get worse, not better. Claims involving a state employee or state agency often require a Notice of Claim served on the Wisconsin Attorney General within 120 days under § 893.82. Miss that, and courts often toss the case hard.
If the injured person was a minor or legally disabled, do not assume the government deadline stretched. Regular injury deadlines and government notice rules are different animals.
If this has been months or years, the first thing to find out is exactly who owned the vehicle and whether any written notice already went to the Eau Claire City Clerk, Eau Claire County Clerk, or the Attorney General. Tax season is when people realize the medical bills are crushing them, but debt pressure does not reopen a blown government deadline.
A regular Wisconsin injury suit is often 3 years. A government claim can be wrecked in 120 days. That is the part most people learn too late.
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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