You were stopped at a red light when a police cruiser, responding to an emergency call, rear-ended your car. Or maybe a city fire truck clipped your vehicle while racing to a call, leaving you with injuries and mounting medical bills. When the at-fault driver works for a city, county, or other local government body instead of a private employer, the rules for pursuing compensation change.
At Pemberton Personal Injury Law Firm, we help injured drivers across Wisconsin pursue car accident claims, including crashes involving municipal and county vehicles. These cases follow stricter notice rules than a typical accident claim, and missing a deadline can end your case before it starts. Our team can walk you through the specific steps and timelines that apply when a local government employee is responsible for your injury.
What Makes a Claim Against a City or County Different?
When you are hurt by a private driver, Wisconsin generally gives you three years to file a lawsuit, and this time period generally applies to most car accident claims under Wisconsin law. When a city, county, village, or town employee, such as a police officer or firefighter, causes your injury while on duty, Wisconsin Statute § 893.80 adds extra notice requirements you must follow first. This law covers local governmental bodies and their employees, which is different from claims against the state or federal government.
These added rules exist because local governments want a chance to investigate while evidence and witness memories are still fresh. According to Marathon County’s own damage and injury claim guidance, anyone pursuing a claim against the county must file written notice within 120 days of the event, well before the standard three-year window for a personal injury claim closes. Understanding how these two deadlines interact can determine whether your claim moves forward or is permanently barred.
What Is the Notice and Claim Timeline for a City or County Claim?
Wisconsin’s notice-of-claim process for cities, counties, villages, and towns follows a specific order, whether your crash involved a police cruiser, a fire truck, or another heavy municipal vehicle, and missing a step can put your right to compensation at risk.
Here is how that timeline generally unfolds:
- Notice of circumstances: Serve written notice describing your injury on the government body within 120 days of the accident.
- Notice of claim: At the same time or at a later date, but before the three-year statute of limitations runs out, serve a written notice of claim stating your damages.
- Response window: The government body then has 120 days to formally disallow your claim.
- Formal disallowance: If the government denies your claim in writing, you generally have six months from that date to file a lawsuit.
- No response: If 120 days pass without a formal denial, your claim is considered disallowed, and the normal three-year deadline still applies.
Because these two timelines run together, it helps to have our team track every deadline as soon as you know a local government body may be involved.
Are Claims Against the State or Federal Government Different?
Claims against a state agency or state employee follow a related but separate law, Wisconsin Statute § 893.82, which generally has its own 120-day notice period and additional requirements, such as serving notice on the Attorney General. These claims are not covered by the city and county process described above, so the deadlines and paperwork may look similar but still differ in important ways.
Claims against the federal government, such as those involving a United States Postal Service vehicle or a federal employee, are handled under an entirely different process known as the Federal Tort Claims Act, with its own forms and deadlines. Because every case depends on exactly which government body is involved, it helps to have our personal injury team review the facts of your situation before you assume any one set of rules applies.
Pemberton Personal Injury Law Firm Is Here to Help With Your Claim
Pemberton Personal Injury has built a reputation on preparing cases carefully, and our attorneys have been recognized by Super Lawyers for their work on behalf of injured Wisconsinites. We know how discouraging it can feel to face a claim against the very government body meant to serve your community, and we are ready to gather the documentation, serve notice correctly, and track every deadline so nothing falls through the cracks.
If you believe your injury involved a city or county vehicle or employee, do not wait to find out what your options are. Our team is ready to review your situation, explain your rights in plain language, and help you take the next step with confidence. Reach out to our team today for a free case evaluation.
