What Is the Property Damage Statute of Limitations in Arkansas?

You own property in Arkansas, and it was damaged or destroyed by someone's intentional misconduct or negligence. You're considering an insurance claim or a lawsuit to collect compensation ("damages") for your loss. One of your first questions should be: How long do I have to file my case in court?

We'll review the Arkansas property damage statute of limitations. We also cover a couple of situations when Arkansas law might give you more time to sue. Finally, we explain what happens if you miss the filing deadline.

What Is a Statute of Limitations?

A "statute of limitations" is a law that puts a deadline on the time you have to file a lawsuit in court. Every state (and the federal government) gets to make its own statutes of limitations. Different deadlines apply to different kinds of legal claims. For example, a state might have a two-year deadline for personal injury claims, a four-year limitation period for breach of contract actions, and a five-year limit for claims alleging trespass to land.

To understand a statute of limitations, you need to be familiar with two basic concepts:

• the filing deadline, meaning how much time you have to sue, and
• when your legal claim accrues, which tells you when the filing deadline clock starts running.

The Filing Deadline

The statutory language will tell you how long—usually some number of years—you have to file a lawsuit in court. For instance, a personal injury statute of limitations might say: "Except as otherwise provided, all claims for injury to the person must be filed within two years." This means if you were injured by another person's carelessness, you have two years—from whenever your claim accrued—to sue.

When Your Legal Claim Accrues

The filing deadline starts running on the date your legal claim "accrues." As a general rule, a claim accrues when all the facts necessary to have a claim are established and known. What does that mean? It means your claim probably accrues when you know (or have reason to know) you've been injured.

Of course, in most cases you know right away—on the date your injury occurs—that you've been hurt. Typically, then, your claim accrues on the date you were injured, sometimes called the "occurrence rule."

But what if you don't know right away that you've been injured? In that situation, it wouldn't be fair to apply the occurrence rule. To avoid that unfairness, most states follow the "discovery rule," at least sometimes. Under the discovery rule, your claim accrues on the date you:

• discover your injury, or
• had enough facts that, if you were being reasonably diligent, you should have known you were injured.

In a few states, the discovery rule requires that you knew or should have known of your injury and who or what caused it.

The Arkansas Property Damage Statute of Limitations

You'll find the Arkansas property damage statute of limitations at Ark. Code § 16-56-105 (2024). It gives you three years from the date your claim accrues to sue for:

• trespass on your real property
• any other damage to your real property, and
• damage to, or the destruction or taking of, your personal property.

So, after an Arkansas car accident, you have three years to bring a vehicle damage lawsuit. As discussed above, the clock almost certainly starts ticking on the date of the accident. The same deadline applies if a lawn care company accidentally destroys your prize-winning tulips, or a neighbor kid hits a line drive through your kitchen window that destroys some of your great grandmother's antique dishware.

When does an Arkansas property damage claim accrue? Generally speaking, Arkansas follows the occurrence rule. Most property damage claims accrue on the date the damage occurs. But Arkansas is also a discovery rule state. When you can't reasonably discover your property damage right away, your claim doesn't accrue until you know about the damage and what caused it. (See Martin v. Arthur, 339 Ark. 149, 159 (1999); McEntire v. Malloy, 288 Ark. 582, 584 (1986).)

Can the Filing Deadline Be Extended?

In a handful of situations, yes. Arkansas extends the statute of limitations deadline, giving you more time to sue, when:

• the person whose property was damaged is legally disabled, or
• the party who's responsible for the property damage prevents you from suing.

Legally disabled property owner. Under Arkansas law, persons younger than 21 years old and those who have been declared legally "insane" get extra time to file a property damage case. A minor has three years after reaching age 21 to sue. Someone who's property is damaged while they're disabled by insanity must file suit within three years after they're found to no longer be "insane." (Ark. Code § 16-56-116(a) (2024).)

Responsible party prevents you from suing. When you're unable to start a lawsuit because the defendant (the party you're suing) leaves Arkansas or goes into hiding, the statute of limitations stops running for the period of time that you can't start the suit. (Ark. Code § 16-56-120 (2024).) Speak to an Arkansas attorney about whether the defendant's absence or concealment actually prevents you from starting a lawsuit.

(Learn about Arkansas personal injury laws, including the personal injury statutes of limitations.)

Where Do I File a Property Damage Case?

Unless you're planning to file your property damage case in Arkansas small claims court (discussed below), your best bet will be to hire experienced legal counsel to prepare, file, and handle your claim in court. Most Arkansas lawsuits must follow the Arkansas Rules of Civil Procedure. Odds are that you're not familiar with these rules, but you can bet the defendant's lawyer knows them well. You need a lawyer representing you who understands them equally well.

Where Your Case Will Be Filed

Most Arkansas lawsuits—including property damage cases—are filed in the circuit court. If the value of your property damage claim isn't more than $25,000, you can file in the state district court.

Your lawyer must file the case in the proper location, or venue. Typically, that will be the circuit court for the county where the defendant lives or has its principal place of business, or where your property damage happened. Depending on the facts of the case, though, you might need to file in a different place.

Can I Sue in Small Claims Court?

Arkansas' local district courts have a small claims division, which can hear cases involving not more than $5,000. The Arkansas Attorney General has published this helpful small claims court guide. Procedures in small claims court are less formal than in the circuit court or the district court. Attorneys aren't allowed. While the amount you can recover is limited, cases usually get resolved more quickly.

What Happens If I Miss the Arkansas Filing Deadline?

If you think the time to file your property damage case has expired, your first call should be to an Arkansas lawyer. You want to know:

• what the statute of limitations is for your case
• when the statute of limitations clock started to run
• whether the filing deadline has passed, and
• if the deadline has passed, whether an extension might allow you more time to sue.

Keep in mind that lawyers are trained to make arguments that favor their client's case. If there's a good faith argument that you're within the limitation period or are entitled to an extension of time to sue, your lawyer probably will think of it.

Now for the bad news. When the statute of limitations runs out before you file in court—and if no extension of time is available—then your claim is legally dead. Nothing you can do will bring it back to life. Try to sue after the deadline passes and the court will dismiss your case as untimely. Even worse, the court might "sanction" (penalize) you for filing a frivolous lawsuit.

The defendant won't pay to settle your case, either. Once the limitation period has passed, in the eyes of the law, you no longer have a claim to settle. You've lost the right to collect damages for your property loss.

Can I Handle My Own Property Damage Case?

Maybe. If the facts of your case are simple and mostly uncontested and there aren't any difficult legal issues involved, you might be able to get a reasonable settlement on your own. But be on the lookout for sticky legal problems, like whether you share any of the blame for the accident that caused your property damage. And make sure you know the statute of limitations for your claim.

If the facts are complicated or in dispute, the claim is complicated by legal issues, or if the other side simply won't pay what you think is a fair amount for your losses, then you need to consult with an attorney. This is especially true if the defendant is represented by counsel. It's not a fair fight when only one side brings the heavy artillery.

If you decide to get legal help, here's how you can find an attorney who's right for your case.