Departments: City Attorney: Claims Procedure

City Attorney Home
Claims Procedure
Traffic And Forfeiture
Municipal Court

Office Hours:
Monday - Friday
8:00 a.m. - 4:00 p.m.

City Attorney:
Jeff Brandt
Email

Administrative Support:
Brenda Taubel - Email
Kate Clausing - Email

Third Floor, City Hall
140 Main Street
Menasha, Wisconsin
54952

Phone: 920-967-3600
Fax: 920-967-5273

Download Claim Form

Wisconsin law specifies a procedure that must be followed for any person who believes they have a claim against the City.  Wisconsin law requires Notices of Claims and Claims to be filed within certain statutes of limitations.  You must comply with these time limits or any claim submitted will be denied.   In most instances, a Notice of Claim must be filed within 120 days from the date of the incident or will be barred by the Statute of Limitations.

In order for the City to make a determination regarding your claim, a Claim stating the specific damage(s) sought, circumstances surrounding the claim, and supporting documentation must be completed, dated, signed and submitted to the City Attorney's office.  This is the bottom portion of the form entitled "Claim  Form".  Until this portion is completed and submitted to the City, no action will be taken.

Investigation and determination can take up to 4-6  months depending on complexity of the claim.  Often, a claimant must mitigate his/her damages prior to final determination.

The City Risk Manager and/or CVMIC (the City's liability insurance carrier) will determine if your claim should be paid, compromised or disallowed.   You will be notified by letter should the City determine to pay or compromise your claim.  If your claim is determined to be disallowed, the matter will be referred to the Common Council for formal disallowance.  You will be notified by letter of the Council's action.

This procedure is established by State Statutes to provide a mechanism for persons to recover recover damages in the event a municipality is responsible for an incident.  This procedure is also designed to protect the municipality and its taxpayers from having to pay out inappropriate and/or nuisance claims.

People who have retained an attorney to represent them have a modified procedure.  Legal ethics prevent an attorney from discussing a case with an individual who has an attorney without that attorney's presence.  Anyone contacting the City Attorney who say they have an attorney will not be able to discuss the matter with the City Attorney.

The City is part of Cities and Villages Mutual Insurance Company (CVMIC) for liability insurance. The city currently carries a self-insured retention (deductible) of $25,000.

Forms for filing claims can be obtained from the City Attorney's office or downloaded from this web site.