What is the Property Damage Statute of Limitations in Connecticut?

If you've had your property damaged in Connecticut, you might be considering filing a lawsuit against the person you think is to blame for what happened. In that situation, it's critical to understand Connecticut's statute of limitations for property damage claims, whether your potential case involves real property (damage to your house or your land) or personal property (including vehicle damage).

"Statute of Limitations" Defined

In case you're not familiar with the term, a "statute of limitations" is a state law that affects your right to file a lawsuit over any kind of legal dispute or harm suffered, by putting a limit on how much time can pass before you file the case in court. Every state has passed these laws, and the time limits vary depending on the subject matter of the lawsuit.

What's the Filing Deadline for Property Damage Lawsuits In Connecticut?

Connecticut lawmakers have set a two-year deadline for any lawsuit seeking compensation for the repair or replacement of damaged or destroyed property in the state, whether the case is over real property or personal property.

Specifically, General Statutes of Connecticut section 52-584 says: "No action to recover damages...to real or personal property, caused by negligence, or by reckless or wanton misconduct…shall be brought but within two years from the date when the injury is first sustained."

To translate, that means any time a property owner's real or personal property is damaged by someone else, whether accidentally (through negligence) or through recklessness, the property owner has two years to get their lawsuit filed in Connecticut's civil court system.

For example, a lawsuit for vandalism damage to a house and a vehicle damage lawsuit after a car accident both need to be brought to court within two years in Connecticut, and the statute of limitations clock usually starts ticking as soon as the property owner becomes aware that someone else caused damage to their property.

Get more details on how property damage claims work.

What If You Miss the Filing Deadline In Connecticut?

If you try to file your Connecticut property damage lawsuit after the relevant deadline has passed, the defendant (the person you're trying to sue) will almost certainly make a motion asking the court to dismiss the case. And, except in rare cases where an exemption from the deadline applies (more on these exceptions in the next section), the court will grant the dismissal.

If that happens, you've essentially lost your right to any legal remedy for your damaged property. So, even if you're pretty sure your property damage case will reach a settlement, you still want to leave yourself plenty of time to file a lawsuit if you need to.

Can I Extend the Statute of Limitations Deadline in Connecticut?

In a Connecticut property damage lawsuit—and most other kinds of civil lawsuits filed in the state—a number of situations could pause ("toll" in legalese) or extend the lawsuit filing deadline set by the statute of limitations. Let's look at a few of the most common of these.

Defendant's Absence From the State

If the defendant leaves the state of Connecticut for any period of time after the property damage occurs, but before the lawsuit can be filed, the time of absence won't be counted as part of the statute of limitations period, except that no more than seven years can be excluded from the statutory period in this situation. (General Statutes of Connecticut section 52-590.)

Defendant's Fraudulent Concealment

If the person who caused the property damage takes steps to fraudulently conceal his or her actions, the statute of limitations "clock" likely won't start to run until the property owner discovers what happened. (General Statutes of Connecticut section 52-595.)

Other circumstances may also act to effectively extend the Connecticut statute of limitations time limit, but they're too complex to cover in this article. If you've got questions about the statute of limitations as it applies to your potential property damage lawsuit, an experienced Connecticut attorney will have the answers.

Where Do I File a Connecticut Property Damage Lawsuit?

The Connecticut court that has the authority to hear most kinds of cases, including property damage cases, is called the Superior Court. Chances are you'll file your lawsuit in the county where the person you're suing lives.

Can I File a Property Damage Case In Connecticut Small Claims Court?

Yes. Small claims court is an option, as long as you're not seeking more than $5,000 as compensation for your damaged or destroyed property. Learn more about Connecticut Superior Court small claims actions.

Do I Need a Lawyer for a Property Damage Claim In Connecticut?

It usually makes sense to handle a property damage claim on your own and try to get a fair settlement before you need to take the matter to court, as long as the case is fairly straightforward and the stakes aren't too high. It can even be a challenge finding a lawyer to take a run-of-the-mill property damage claim.

But reaching out to a Connecticut lawyer in your area—if only to discuss your options—might be a good idea if, on top of your property damage, your case involves personal injury or some other contentious legal issue. Get tips on finding the right lawyer for you and your case.