What is the Property Damage Statute of Limitations in Wyoming?

If you miss the filing deadline set by Wyoming's statute of limitations, your property damage lawsuit will likely be dismissed.

In Wyoming, as in every state, if you've had your property damaged as a result of someone else's careless or intentional action, you might consider filing a lawsuit over what happened. If so, it's critical to understand the statute of limitations and how it applies to your potential case.

A "statute of limitations", for those not familiar with the term, is a state law that puts a strictly-enforced limit on how much time can pass before you must file your case. Miss the deadline and you effectively lose the right to bring your case to court. Every state has these laws on the books, with different time limits depending on the kind of case being filed.

In this article, we'll explain the property damage lawsuit filing deadline in Wyoming, the consequences of missing the deadline, and a few rare situations in which you might be able to extend the time limit.

The Lawsuit Filing Deadline in Wyoming

In Wyoming, whether your potential case involves damage to real property (your house, some other building, or your land) or personal property (including  vehicle damage), it must be brought to the state's civil court system within  four years, according to  Wyoming Statutes Annotated  section 1-3-105(a)(iv) . Specifically, this statute sets a four-year deadline for all lawsuits arising from:

  • "trespass upon real property"
  • "taking, detaining or injuring personal property", and
  • "an injury to the rights of the plaintiff, not arising on contract and not herein enumerated" (This is something of a "catch-all" time limit, in other words. If damage to real property is not considered a "trespass" under the circumstances, then a lawsuit for damage to real property will almost certainly fall under this description).

So, a vehicle damage claim after a  car accident  must be brought within four years in Wyoming. The same goes for a lawsuit by a homeowner who alleges that physical damage to the exterior of his/her house was caused by someone else's  negligence. The four-year "clock" typically starts running when the property owner becomes aware (or should reasonably have become aware) of the incident that led to the damage.

Missing the Filing Deadline in Wyoming

If you try to file your Wyoming property damage lawsuit after the time limit has passed, 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 is certain to grant the dismissal unless rare circumstances make an extension of the deadline appropriate (more on these rules later).

If your lawsuit is dismissed as time-barred under the statute of limitations, you've essentially lost your right to any legal remedy for your damaged property. So it's crucial to pay attention to (and comply with) the Wyoming statute of limitations for property damage cases, even if you're fairly certain you'll be able to resolve the situation without resorting to a lawsuit.

Extending the Lawsuit Filing Deadline in Wyoming

For property damage claims -- and for most other kinds of civil lawsuits in Wyoming -- a number of situations could serve to extend the four-year lawsuit filing deadline.

For example, special rules usually apply if, at the time the property damage occurs, the property owner is under the age of 18 or is considered to be under any other "legal disability." That usually includes a plaintiff who has been declared mentally incompetent in the eyes of the court. Once the period of disability ends -- meaning the property owner turns 18 or is declared mentally competent, for example -- he or she will have the full four years to get the property damage lawsuit filed. This rule can be found at  Wyoming Statutes Annotated  section 1-3-114.

And, under  Wyoming Statutes Annotated  section 1-3-116, if the person who is alleged to have caused the property damage "departs from the state or absconds or conceals himself" within the  state of Wyoming before the lawsuit can be filed, the period of that absence or concealment probably won't be counted as part of the four-year time limit for filing suit.

Other circumstances may affect the Wyoming statute of limitations, and how it's calculated. If you've got questions about the statute of limitations as it applies to your potential property damage lawsuit, an experienced Wyoming attorney will have the answers. Learn more about  Finding an Excellent Lawyer.

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