What Is the Property Damage Statute of Limitations in Mississippi?

"How long do I have to file a property damage lawsuit in Mississippi?"

If that question—or something like it—is what brought you here, you're in the right place. Mississippi's property damage statute of limitations is one of the first things you need learn about when your Mississippi property has been damaged or destroyed by someone else's wrongful conduct.

We start with a quick refresher on statutes of limitations and how they work. From there, we'll zero in on Mississippi's property damage filing deadline. Then we look at some situations when you might get an extension of time to sue, and we'll explain what happens if you don't file your lawsuit in time.

What Is a Statute of Limitations?

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

To understand how statutes of limitations work, you need to know:

• how much time you have to sue, and
• when the filing deadline clock starts running, known as the claim "accrual" date.

How Much Time Do I Have to Sue?

The statute of limitations will tell you how long—usually a period of years—you have to file a lawsuit in court. For instance, a property damage statute of limitations might say: "Except as otherwise provided, all claims for damage to or destruction of real or personal property must be filed within two years." This means if your property was damaged by another person's wrongdoing, you have two years—from whenever your claim accrued—to sue.

When Does the Filing Deadline Clock Start Running?

The filing deadline clock starts running on the date your legal claim "accrues." As a rule, a legal 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) your property was wrongfully damaged.

Of course, in most cases you know right away—on the date it happens—that your property's been damaged. Generally speaking, then, your property damage claim likely accrues on the date the damage or destruction occurs, sometimes called the "occurrence rule."

But what if you don't know about your loss right away? In that situation, holding you to the occurrence rule would be unfair. To avoid that unfairness, most states follow the "discovery rule," at least in some cases. Under the discovery rule, your property damage claim accrues on the date you:

• discover your property loss, or
• had enough facts that, if you were being reasonably diligent, you should have known your property was damaged or destroyed.

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

The Mississippi Property Damage Statute of Limitations

In Mississippi, property damage claims fall under the state's general or catch-all limitation period, found in Miss. Code § 15-1-49(1) (2024). It gives you three years from the date your property damage claim accrues to file a lawsuit in court. When the damage is "latent," meaning not reasonably discoverable through the exercise of ordinary diligence, your claim doesn't accrue until you discover the damage. (Miss. Code § 15-1-49(2) (2024).)

For instance, after a Mississippi car wreck, you have up to three years to file a vehicle damage lawsuit. The statute of limitations clock likely starts ticking on the date of the accident. The same deadline applies if a neighbor kid hits a line drive through your living room window that destroys your large-screen television.

Extending Mississippi's Property Damage Filing Deadline

Is it possible to extend the property damage statute of limitations, giving you more time to sue? Sometimes, yes.

Note that these are exceptions to the three-year general rule. If you think one of them might apply to your case, you should get advice from a Mississippi lawyer. In court, it will be your job to prove that an exception applies. The defendant (the party you're suing) will almost certainly object to you getting additional time to file your case.

Mississippi law might allow the statute of limitations to be "tolled" (temporarily paused) or extended in one of these circumstances:

• the injured person is a minor (younger than 21 years old) or is legally disabled (Miss. Code § 15-1-59 (2024))
• the defendant leaves Mississippi and lives outside the state, (Miss. Code § 15-1-63 (2024),) or
• the defendant fraudulently conceals your claim from you. (Miss. Code § 15-1-67 (2024).)

(Learn about Mississippi personal injury laws, including its personal injury statutes of limitations.)

Where Do I File a Mississippi Property Damage Lawsuit?

First things first. Unless you plan to file in Mississippi small claims court (discussed below), you should hire legal counsel to prepare, file, and handle your property damage lawsuit. Why? Your case is a type of civil (non-criminal) suit. A civil case that's not filed in small claims court must follow the Mississippi Rules of Civil Procedure.

Chances are you're not familiar with these rules, and the time to learn isn't while you're handling your own property damage case. The defendant's lawyer will be well acquainted with the rules, and will know how to use them against you. To make it a fair fight, you should be represented by a lawyer who also knows the rules of the game.

Where Your Lawyer Will File Your Lawsuit

Most property damage lawsuits are filed in the circuit court. Your lawyer must file in the correct venue (location). That's probably the circuit court for the county where the defendant lives or, if the defendant is a corporation, where it has its principal place of business. You also can file in the county where the property damage occurred.

Depending on the facts of your case, your lawyer might need to file in a different county.

Can I Sue in Small Claims Court?

Yes, as long as the amount you're asking for—your damages—aren't more than $3,500. Mississippi small claims are handled in the state's justice court. Procedures in justice court are less formal than in circuit court. Lawyers are allowed to represent small claims clients, but usually it doesn't make sense to pay a lawyer's hourly fee when the amount in dispute is so small.

I Think I Missed the Filing Deadline. Now What?

Worried that the statute of limitations on your property damage claim has expired? Your first call should be to a Mississippi attorney. Here are the questions you need to ask.

• What is the statute of limitations for my property damage claim?
• When did the statutory filing period start to run?
• Has the deadline to file my case passed?
• If so, is there any exception that might give me more time?

Lawyers get paid to make arguments favoring their clients. If there's a good faith basis to argue that the limitation period hasn't run out, or that an exception gives you more time to sue, your lawyer will find it.

Now, the bad news. If the filing deadline has expired and no exception applies, your property damage claim is legally dead. There's nothing you can do to revive it. Try to file a lawsuit and the defendant will ask the court to dismiss it. The court will grant that request, because it must. Worse still, the court might "sanction" (penalize) you for filing a frivolous case.

Will the defendant pay you a settlement? No. Once the statute of limitations has run, in the eyes of the law you no longer have any claim so there's nothing to settle. You've lost the right to collect damages for your loss.

Can I Handle My Own Property Damage Claim?

Maybe so. Here are the factors you should consider.

• Are the facts simple and mostly uncontested? If so, that's a point in favor of you going it alone. But if the facts are convoluted and messy, or if the other side disputes your version of what happened, think about hiring a lawyer to help you present a coherent, understandable story.
• Are there complicated legal issues involved? This might include, for example, a statute of limitations problem. Or maybe the defendant is arguing that you were partly (or completely to blame for your losses. When the case is clouded by sticky legal problems, you'll want a lawyer to research the law and present your arguments to the court.

So, if the facts are straightforward and there aren't legal issues to navigate, you might be able to get a fair settlement without a lawyer. Otherwise, your best bet will be to have legal counsel help you navigate your way through the case. You only get one opportunity to present your lawsuit in court. Give yourself the best chance of success.

If you decide to hire counsel, here's how to find a lawyer who's right for your case.