What is the Property Damage Statute of Limitations in Oklahoma?

If you've had your property damaged as a result of someone else's negligent or intentional act, you might be thinking about filing a civil lawsuit over the incident. If so, it's important to understand the statute of limitations and how it applies to property damage claims.

What Is a Statute of Limitations?

As the term suggests, a "statute of limitations" is a law that limits your right to have a civil court consider a lawsuit, by setting a strictly-enforced deadline for getting the case started. Miss the deadline, and you effectively lose the right to bring your case to court. Every state has passed these kinds of laws, with time limits that vary depending on the kind of case being filed.

Let's look at the specifics of the statute of limitations for property damage lawsuits in Oklahoma, circumstances in which you might be able to extend the time limit, and more.

The Property Damage Lawsuit-Filing Deadline in Oklahoma

In Oklahoma, the statute of limitations filing deadline is two years for potential lawsuits involving:

• damage to your "real" property (that means a house, some other building, or physical land) or
• your personal property (which includes vehicle damage).

Specifically, Oklahoma Statutes section 12-95 says, "An action for trespass upon real property; [or] an action for taking, detaining, or injuring personal property" must be filed within two years. Here, the phrase "trespass upon" just means "injury to" in the eyes of the law.

So, a vehicle damage claim after a car accident must be brought within two years in Oklahoma, and the same deadline applies to a lawsuit filed by a homeowner claiming that physical damage to the exterior of her house was caused by a neighbor's negligence.

The two-year "clock" typically starts running on the day of the incident that led to the damage, although, in an attempt to push the filing deadline back, the property owner could argue that the damage—or the cause of the damage—wasn't (and couldn't reasonably have been) discovered right away.

Learn more about how property damage claims work.

What If You Miss the Lawsuit-Filing Deadline In Oklahoma?

At this point you might be wondering what will happen if you try to file your Oklahoma property damage lawsuit after the two-year time limit has passed. In that situation, you can count on:

• the defendant (the person you're trying to sue) filing a motion with the court, asking that the case be dismissed, and
• the court granting the dismissal unless rare circumstances make an extension of the deadline appropriate (more on these rules in the next section).

Does the Statute of Limitations Apply to Insurance Claims?

No, the statute of limitations only applies to lawsuits filed in Oklahoma's court system, not to insurance claims involving property damage. But you'll want to get the insurance claim process started as soon as possible after your property is damaged, and preserve the court option as leverage during settlement negotiations.

Extending the Lawsuit Filing Deadline in Oklahoma

For most kinds of lawsuits in Oklahoma, including civil cases over property damage, a number of situations could serve to extend the lawsuit filing deadline set by the statute of limitations. Let's look at a few of the most common.

When the Property Owner Is Under a "Legal Disability" In Oklahoma

Special rules usually apply if, at the time the property damage occurs, the property owner is under any "legal disability." That could mean the property owner is a minor (under the age of 18 in Oklahoma), or it could mean that they're incapacitated in the eyes of the law (having been declared mentally incompetent or not "of sound mind," by a court or other authority, for example).

If the property owner is under a legal disability, once the period of disability ends— meaning they turn 18 or are declared legally competent, sticking with our above examples—they'll have one year to get the lawsuit filed, according to Oklahoma Statutes section 12-96.

When the Defendant Is Absent From or Concealed Within Oklahoma

Another potential exception to a strict application of the statute of limitations deadline: When the defendant (the person who's alleged to have caused the property damage) "leaves the state or conceals himself" in the state before a lawsuit can be filed, the period of absence or concealment probably won't be counted as part of the time limit for filing suit. This rule can be found at Oklahoma Statutes section 12-98.

Other circumstances may affect the Oklahoma statute of limitations, and how the time window is calculated. If you have questions about the statute of limitations as it applies to your potential property damage lawsuit, an experienced Oklahoma attorney will have the answers.

Where Do I File an Oklahoma Property Damage Lawsuit?

The most common destination for the filing of a property damage lawsuit in Oklahoma is the state's District Courts, which have jurisdiction over most civil cases. There are 77 judicial districts in the state, one for each Oklahoma county. The county where the person you're suing lives, or where your property is (or was) located is usually the right place to file.

Can I File a Property Damage Lawsuit In Oklahoma Small Claims Court?

Yes. Small claims court (also through the state's District Courts) is an option for your Oklahoma property damage case, as long as you're not seeking more than %10,000 in compensation from the person you're suing. Learn more about filing a small claims case in Oklahoma District Court.

Do I Need a Lawyer for an Oklahoma Property Damage Claim?

The short answer here is that you don't need a lawyer to bring a property damage case in Oklahoma, even if you're filing a lawsuit in court (that's especially true in small claims court). Paying for a lawyer at this stage might not be worth it unless your losses are significant, and it even can be a challenge to find a lawyer who's willing to take a run-of-the-mill property damage case.

If insurance coverage applies to your claim (i.e. after a car accident, your vehicle damage is covered by the at-fault driver's insurance), handling the claim process on your own might make sense, at least at the outset.

But an Oklahoma lawyer's help might be crucial if personal injury or some other legal issue overlaps with your property damage. At that point a lawyer might also agree to take your case on a contingency fee basis, meaning you won't pay for the lawyer's services unless you receive a settlement or court award. Get tips on finding the right lawyer for you and your case.