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January 5th, 2017

Disallowance of claim

You were injured in an accident by an employee of a municipality. You and your lawyer provided the proper 120 written notice of claim by personally serving the entity, and when you completed your treatment, your lawyer perfected the claim, by providing an additional claim with an itemization of all your damages.

You were recently served with a disallowance of the claim. what does that mean legally? First off, it means that the governmental entity is not going to be making any voluntary settlement on your claim without your filing a lawsuit. It further means that the statute of limitations is changed from the usual sec. 893.54, three years for personal injury to file a lawsuit to 6 months to file a lawsuit, counting from the date of disallowance. Failure to file the lawsuit within the 6 months after being served with the formal notice of disallowance, which must also contain that cautionary language, will forever bar your claim.

Making a claim against a governmental entity and being in strict compliance with sec. 893.80 of the Wisconsin statutes is fraught with complexities. It is for all those reasons, that you need an experienced personal injury lawyer to represent you on your injury case. That is where the experienced personal injury lawyers at Karp & Iancu, S.C. can help. Call today for a free one hour consultation.

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Milwaukee/Tosa – 933 N Mayfair Rd, Suite 300, Milwaukee, WI 53226

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