A Claim Against the Government
Wis. Stat. 893.80 — written notice within 120 days, and 6 months to sue after a claim is disallowed
No action may be brought against a Wisconsin political corporation, governmental subdivision or agency, or one of its officers, officials, agents or employees for acts in their official capacity, unless a notice and then a claim come first.
Who handles this in Wisconsin: legal aid programs, lawyer referral and the state offices, listed in the Wisconsin directory.
| Step | When |
|---|---|
| StepWritten notice of the circumstances, signed by the claimant, an agent or an attorney, served on the body and on the officer or employee involved | WhenWithin 120 days after the event giving rise to the claim |
| StepA claim with the claimant's address and an itemized statement of the relief sought, presented to the clerk or secretary | WhenAfter the notice, and it is then disallowed |
| StepA body that does not act on the claim | WhenHas disallowed it once 120 days pass after it is presented |
| StepSuing after a notice of disallowance | WhenNo later than 6 months after the notice of disallowance is served |
A missed or late notice does not bar the action if the body had actual notice of the claim and the claimant shows the court that the delay or failure was not prejudicial.
Medical malpractice claims follow other periods. Whether an immunity applies, and the limit the section puts on damages, are questions for a licensed Wisconsin attorney.
Sources for this section (1)
- Wis. Stat. 893.80 — Claims against governmental bodies or officers, agents or employees; notice of injury; limitation of damages and suits
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Wisconsin attorney.