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.
To aid you in filing a claim, the City has developed a Claim Form. The top portion is the Notice of Circumstances and the bottom portion is the Claim.
In most instances, a signed Notice of Circumstances must be filed with the City Clerk within 120 days after the happening of the event giving rise to the claim or it will be barred by the Statute of Limitations. The Notice of Circumstances should explain what happened so the City can investigate your claim and make a determination about payment of your claim.
A Claim must also be filed with the City Clerk containing your address and an itemized statement of the relief or damage(s) sought. No action will be taken until a claim is filed.
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 of the City's determination.
Most claims are processed by the City Attorney. Some claims will be referred to the Common Council for consideration. You will be notified by mail if your claim is referred to the Common Council for consideration.
This procedure is established by State Statutes to provide a mechanism for persons to 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 Clerk's office or downloaded from this website.