For readers who are unfamiliar with the term, a "statute of limitations" is a law that affects the right to file a lawsuit, by putting a strict limit on how much time can pass before you must get the case started in court. Every state has these laws on the books, with different time limits depending on the kind of case being filed.
Let's look at the property damage lawsuit filing deadline in Idaho, a few situations when the time limit might be extended, where to file your Idaho property damage case, and more.
In Idaho, whether your potential case involves damage to real property (your house or your land, for example) or personal property (including damage to vehicles), it must be filed within three years, according to Idaho Code section 5-218.
So, if a homeowner wants to bring a lawsuit for physical damage to the exterior of their house after a car crashes into it, that case must be brought within three years in Idaho. The same goes for a vehicle damage lawsuit after any kind of car accident. In both situations, the statute of limitations "clock" usually starts ticking as soon as the property owner becomes aware (or should have become aware) that someone else caused damage to his or her property.
A special deadline likely applies to the filing of a lawsuit for property damage caused by a construction defect in Idaho. Idaho Code section 5-241 says that any "tort" action (meaning a suit for physical injury or damage to property) over faulty construction must be brought within six years after final completion of the work. This area of the law can get complicated, so it might make sense to talk to an Idaho attorney if you think your property damage lawsuit involves a construction defect.
What happens if the three-year time window has closed, but you try to file your Idaho property damage lawsuit anyway? In that case, it's a safe bet that:
If your lawsuit is dismissed, you've essentially lost your right to any legal remedy for your damaged property. That's why it's crucial to pay attention to and comply with the Idaho statute of limitations as it applies to property damage claims.
For most kinds of civil lawsuits in Idaho—including property damage claims—a number of situations could effectively extend the statute of limitations deadline.
If the property owner is under the age of 18 or has been declared insane at the time the property damage occurs, the three-year clock doesn't start running until this "legal disability" ends (meaning the property owner turns 18 or is declared sane). Note that the filing deadline won't be extended for more than six years for reasons related to a legal disability in Idaho. (Idaho Code section 5-230.)
If the defendant is absent from the state of Idaho after the property damage occurs but before a lawsuit can be filed, the period of absence probably won't be counted as part of the three-year period. But again, a property owner can't rely on this extension for more than six years. (Idaho Code section 5-229.)
Other circumstances may affect the running of the Idaho statute of limitations. If you've got questions about how the deadline applies to your potential property damage lawsuit, an experienced Idaho attorney will have the answers.
Where you'll file mostly depends on how much compensation ("damages" in the language of the law) you'll be asking for from the person you're suing:
In either scenario, you'll likely file your lawsuit in the Idaho county where the person you're suing lives, or where the property damage occurred.
Yes. If you're not asking for more than $5,000 from the person who damaged or destroyed your property, small claims court might be a good option for your case. Learn more about small claims rules in Idaho. And keep in mind that the Idaho statute of limitations deadline we've discussed here also applies to small claims cases.
Get an overview of the Idaho court system (from the Idaho Supreme Court).
Not necessarily. Paying for an attorney to handle a standard property damage claim might not be worth it, and it can be challenging to find an attorney who's willing to take these kinds of cases. Especially if there's available insurance coverage for your claim, handling the matter yourself and trying to get a fair settlement probably makes the most sense, at least initially.
But if personal injury or some other legal issue overlaps with your property damage, a lawyer's help might be crucial, and this kind of "hybrid" case might be handled 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.
]]>A "statute of limitations" is a law that affects your right to file a lawsuit, by putting a strict limit on how much time can pass before you must get the case started in court. Every state has these laws on the books, with different time limits depending on the kind of case being filed. Miss the filing deadline, and you'll almost certainly lose the right to any kind of legal remedy for the harm you've suffered.
In Kentucky, the applicable statute of limitations depends on whether your potential lawsuit involves damage to:
For lawsuits over damage to real property, a five-year filing deadline usually applies. Kentucky Revised Statutes section 413.120 includes this deadline for actions for "trespass" on "real property," and Kentucky's courts have interpreted this rule as applying to any lawsuit over damage to a house, building, land, or other "real" property, caused by someone else's negligence.
If your lawsuit is over damage to personal property (including damage to or destruction of a vehicle, jewelry, or electronics), Kentucky Revised Statutes section 413.125 says that it must be filed within two years.
Whichever deadline applies, the "clock" typically starts running when the property owner becomes aware (or should reasonably have become aware) of the incident that led to the damage.
Learn more about how property damage claims work.
If you try to file your Kentucky property damage lawsuit after the applicable 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).
So it's crucial to pay attention to (and comply with) the Kentucky 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.
A number of situations could effectively extend the statute of limitations deadline, giving a Kentucky property owner more time to get their lawsuit filed. Let's look at two of the more common examples.
Special statute of limitations calculation rules usually apply if, at the time the property damage occurs, the property owner is:
These are considered "legal disabilities" by the Kentucky civil courts. Only when the period of legal disability ends—meaning the property owner turns 18, or they're declared legally competent—does the clock start running, and the property owner will then have the full time period (two years or five years, depending on the kind of property that was damaged) to get their lawsuit filed. This rule can be found at Kentucky Revised Statutes section 413.170.
According to Kentucky Revised Statutes section 413.190, if the defendant (the person who's alleged to have caused the property damage) is a resident of Kentucky and "by absconding or concealing himself or by any other indirect means obstructs the prosecution of the action," (including by fleeing the state) the period of absence or concealment probably won't be counted as part of the time limit for filing the lawsuit.
Other circumstances may affect the Kentucky statute of limitations, and how the time window is calculated. Do a little research of your own or talk to a Kentucky lawyer for more details.
Where you'll file your Kentucky property damage case mostly depends on the amount of compensation ("damages" in the language of the law) you'll be seeking from the person you're suing:
In either scenario, you'll likely file your lawsuit in the judicial district or judicial circuit where the person you're suing lives, or where the property damage occurred.
Yes. If you're not asking for more than $2,500 from the person who damaged or destroyed your property, small claims court is an option for your case. Remember that the statute of limitations deadline we've discussed here also applies to cases filed in Kentucky's small claims courts.
If your property damage case is fairly straightforward, it usually makes sense to handle it on your own and try to get a fair settlement before you need to take the matter to court. It can even be tough to find a lawyer who's willing to take a run-of-the-mill property damage claim.
But contacting an experienced Kentucky lawyer—if only to get a good sense of your options—might be a good idea if your case involves personal injury or some other legal issue on top of your property damage. Learn more about finding the right lawyer for you and your case.
]]>A "statute of limitations" is a law that affects the right to file a lawsuit, by putting a strict limit on how much time can pass before the case must be started in court. Every state has these laws on the books, with different time limits depending on the kind of case being filed.
Let's look at the specifics of the property damage lawsuit filing deadline in Iowa, including the (rare) situations in which you might be able to extend the time limit.
In Iowa, whether your potential case involves damage to real property (your house or your land, for example) or personal property (including vehicle damage), it must be filed within five years, according to Iowa Code section 614.1, which sets this time limit for any legal action based on "injuries to property."
So, if a homeowner wants to bring a lawsuit for physical damage to the exterior of their house after a car crashes into it, that case must be brought within five years in Iowa. The same goes for a vehicle damage claim after a car accident. In both situations, the statute of limitations "clock" usually starts ticking as soon as the property owner becomes aware (or should have become aware, in the eyes of the law) that someone else caused damage to their property.
Get more details on how property damage claims work.
If you try to file your Iowa property damage lawsuit after the five-year time period has passed, it's a safe bet that the defendant (the person you're trying to sue) will file a motion asking the court to dismiss the case, based on the fact that the filing deadline has passed. And the court is certain to grant the dismissal unless rare circumstances make an extension of the deadline appropriate (more on these situations later).
If your lawsuit is dismissed, you've essentially lost your right to any legal remedy for your damaged property. That's why it's crucial to pay attention to (and make sure you comply with) the Iowa statute of limitations as it applies to property damage claims. Even if you're only filing an insurance claim and you're convinced it will settle, make sure you've preserved the court option as leverage during settlement negotiations.
A number of situations could effectively extend the five-year filing deadline set out in Iowa's statute of limitations for property damage lawsuits.
If the person you're suing becomes a non-resident of the state of Iowa for any amount of time after your right to file the lawsuit arises, that period of non-residence probably won't be counted as part of the five years (according to Iowa Code section 614.6).
If the property owner is under the age of 18 or is suffering from a mental illness at the time the property damage occurs, they'll typically have one year to bring the property damage lawsuit once the period of "legal disability" ends (meaning they turn 18 or are declared competent). Iowa Code section 614.8.
Other circumstances may affect the Iowa 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 Iowa attorney will have the answers.
Most property damage lawsuits are filed in one of Iowa's district courts (there's one in every county), which have the power to hear most civil cases in the state. Chances are you'll file your property damage lawsuit in the county where the person you're suing lives, or where your property is (or was) located.
Yes. Small claims court is an option for your Iowa property damage case, as long as you're not seeking more than $6,500 in compensation. Learn more about filing a case in small claims court in Iowa.
Remember that the five-year statute of limitations we've discussed here also applies to cases filed in Iowa small claims court.
Even if you're filing a lawsuit in court, you don't necessarily need a lawyer to handle your property damage case. Paying for a lawyer at this stage might not be worth it (especially in small claims court), and it can be tough finding an attorney who will take a run-of-the-mill property damage case.
But an Iowa lawyer's help might be crucial if personal injury or some other legal issue overlaps with your property damage. A lawyer might also agree to take such a 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.
]]>In case you're not familiar with the term, a "statute of limitations" is a law that affects a potential plaintiff's right to file a lawsuit, by putting a strict limit on how much time can pass before they need to get the case started in court. Every state has these laws on the books, with different time limits depending on the kind of case being filed.
Let's look at the specifics of the property damage lawsuit filing deadline in Virginia, including the (rare) situations in which the time limit might be extended.
In Virginia, whether your potential case involves damage to real property (your house or your land, for example) or personal property (including vehicle damage), it must be filed within five years, according to Code of Virginia section 8.01-243, which sets this time limit for "every action for injury to property."
So, if a homeowner wants to bring a lawsuit for physical damage to the exterior of their house after a car crashes into it, that case must be brought within five years in Virginia. The same goes for a vehicle damage claim after a car accident. In both situations, the statute of limitations "clock" usually starts ticking as soon as the property owner becomes aware (or should have become aware) that someone else caused damage to their property.
Get more details on how property damage claims work.
What happens if you try to file your Virginia property damage lawsuit after the five-year filing window has closed? In that situation, you can count on:
If that happens, you've essentially lost your right to any legal remedy for your damaged property. That's why it's crucial to pay attention to (and make sure you comply with) the Virginia statute of limitations as it applies to property damage claims. Even if you're only filing an insurance claim and you're convinced it will settle, make sure you've preserved the court option as leverage during settlement negotiations.
A number of situations could effectively extend the five-year lawsuit filing deadline as laid out in Virginia's statute of limitations for property damage cases.
If the property owner is a minor or is legally incapacitated at the time the damage occurs, they'll likely have the full five years to bring the property damage lawsuit once the period of "legal disability" ends (the property owner turns 18 or is declared competent). Code of Virginia section 8.01-229.
If the person who you think caused your property damage "obstructs" the filing of your lawsuit, the time during which the obstruction is going on probably won't be counted as part of the five-year statute of limitations period—the "clock" won't start until the obstruction stops, in other words. Code of Virginia section 8.01-229(D). Examples of "obstruction" include situations where the at-fault person:
Other circumstances may affect the computation of the Virginia statute of limitations. If you've got questions about the statute of limitations as it applies to your potential property damage lawsuit, an experienced Virginia attorney will have the answers.
Most Virginia property damage lawsuits are filed in one of the two main branches of the judicial system that hear civil cases. The main consideration is how much you're planning on seeking in the way of compensation ("damages" in the language of the law).
If you're not planning on asking for more than $5,000 as compensation for your damaged or destroyed property, you can file your case in small claims court in Virginia. Small claims are heard by a special division of the state's District Courts. Learn more about Small Claims Court In Virginia.
The short answer here is that you don't need a lawyer to bring a property damage case in Virginia, 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 a Virginia 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.
]]>For readers unfamiliar with the term, a "statute of limitations" is a state law that affects a potential plaintiff's right to file a lawsuit, by putting a strict limit on how much time can pass before they can get the case started in court. Every state has these laws on the books, with different time limits depending on the kind of case being filed.
In Missouri, a property damage lawsuit must be filed within five years, according to Missouri Revised Statutes section 516.120, which sets this time limit for:
So, this five-year deadline applies whether your potential case involves damage to (or destruction of):
In both situations, the statute of limitations "clock" usually starts ticking as soon as the property owner becomes aware (or should have become aware) that someone else caused damage to their property.
Learn more about making a claim for property damage.
If you try to file your Missouri property damage lawsuit after the five-year time window has closed, you can count on the defendant (the person you're trying to sue) asking the court to throw out the case. And the court is certain to grant the dismissal, unless rare circumstances apply to make an extension of the deadline appropriate (more on these exceptions in the next section).
If your lawsuit is dismissed, you've lost your right to any legal remedy for your damaged property. That's why it's crucial to pay attention to—and make sure you comply with—the Missouri statute of limitations as it applies to property damage claims.
For most kinds of civil lawsuits in Missouri—including property damage claims—a number of situations could effectively extend the five-year lawsuit filing deadline laid out in the statute of limitations. Let's look at one example.
If the Property Owner Is Under a "Legal Disability." If the property owner is under the age of 21 or is mentally incapacitated at the time the damage occurs, they'll usually have the full five years to bring the property damage lawsuit once this period of so-called "legal disability" ends (meaning once the property owner turns 21 or is declared competent), according to Missouri Revised Statutes section 516.170.
Other situations might pause the running of the statute of limitations "clock" in Missouri. Do your own research or talk to a lawyer for the details.
Where you file your Missouri property damage lawsuit depends on how much you're seeking as compensation for your losses.
If your losses ("damages") look like they'll add up to less than $25,000, you'll likely file your lawsuit in one of Missouri's Associated Circuit Civil Courts. If your damages will probably amount to more than $25,000, the Circuit Civil Court (for the county where the person you're suing lives) is typically the right place to file. Learn more about the Missouri Court System (from courts.mo.gov)
Yes. If you're not planning on asking for more than $5,000 as compensation for your damaged or destroyed property, you might consider small claims court, which in Missouri is run as a division of the state's Circuit Courts. Get more information on filing a case in the Missouri Circuit Court Small Claims Division.
If your property damage case is fairly straightforward, it usually makes sense to handle it on your own and try to get a fair settlement before you need to take the matter to court. It can even be a challenge finding a lawyer to take a run-of-the-mill property damage claim.
But reaching out to an experienced lawyer—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 legal issue. Get tips on finding the right lawyer for you and your case.
]]>First, let's explain that a "statute of limitations" is a state law that affects your right to file a lawsuit over any kind of legal dispute, 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.
In Massachusetts, a three-year filing deadline applies to any lawsuit seeking compensation for the repair or replacement of damaged or destroyed property, whether your potential case involves:
This deadline can be found at Massachusetts General Laws Chapter 260 section 2A.
It's important to note that this three-year deadline applies any time you’re asking a court to award you monetary compensation for damaged or destroyed property, whether that claim is part of a larger legal action (a car accident case that includes both personal injury and vehicle damage claims, for example) or is a standalone lawsuit.
If you try to file your Massachusetts property damage lawsuit after the three-year deadline has passed, the defendant (the person or organization 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.
With any potential Massachusetts lawsuit over property damage—and most other kinds of civil cases—a number of situations could pause the running of the statute of limitations clock, effectively extending the lawsuit filing deadline. These include:
Other exceptions (too complex to cover in this article) may also apply to extend the Massachusetts statute of limitations time limit. Do your own research or talk to an attorney for the details.
Where you file your Massachusetts property damage lawsuit mostly hinges on the amount of compensation you're seeking ("damages") from the person you're suing:
If you're asking for $7,000 or less in compensation from the at-fault party, you might want to consider filing your property damage claim in small claims court, where your case is likely to cost you less time and money, compared with the District or Superior courts.
Note that if your case involves vehicle damage resulting from a car accident, your award can exceed the $7,000 small claims court cap.
Get more details on small claims court in Massachusetts.
It usually makes sense to handle a property damage claim on your own, especially if the case is fairly straightforward. You might even find it tough to get a lawyer to take a run-of-the-mill property damage claim. But reaching out to an experienced lawyer—if only to discuss your options—might be a good idea if:
Get tips on finding the right lawyer for you and your case.
]]>In case you’re not familiar with the term, a "statute of limitations" is a state law that limits how much time can pass until you effectively lose your right to file a lawsuit. Every state has passed these laws, and the time limits vary depending on the subject matter of the lawsuit.
In Florida, a four-year filing deadline applies to most lawsuits seeking the repair or replacement of damaged or destroyed property, whether it’s:
Specifically, Florida Statutes section 95.11 says that a four-year time limit applies to the following kinds of civil lawsuits filed in the state's courts:
It’s important to note that the four-year deadline we've discussed here applies any time you’re asking a court to award you monetary compensation for damaged or destroyed property, whether that claim is part of a larger legal action or a standalone lawsuit.
For example, any injury claim "founded on negligence" (meaning any situation where another person's carelessness caused you harm) must be brought within two years in Florida. So, the specific claims in any lawsuit involving both personal injury and property damage (a car accident case for example) could be subject to different filing deadlines.
As we mentioned above, section 95.11 applies to most lawsuits over the "design, planning, or construction of an improvement to real property." So, this standard four year deadline applies to a lawsuit over property damage resulting from a construction defect in Florida.
But exactly when the "clock" starts running depends on whether the problem was easily discoverable, or was hidden ("latent" in the language of the law). And there's an over-arching deadline (called a "statute of repose") that says most Florida construction defect lawsuits must be filed within seven years of the completion of the project, regardless of whether the problem was (or could reasonably have been) discovered.
This area of the law can get complicated, so it might make sense to talk to a Florida attorney if you think your property damage case involves a construction defect. Learn more:
If you try to file your Florida property damage lawsuit after the four-year 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.
In a Florida property damage lawsuit—and most other kinds of civil lawsuits, for that matter—a number of situations could pause (“toll” in legalese) or extend the lawsuit filing deadline set by the statute of limitations. These include:
Other exceptions may also apply to extend the Florida statute of limitations time limit, but they're too complex to cover in this article. (You can see them all listed at Florida Statutes section 95.051.)
Most Florida property damage lawsuits are filed in the state's county courts, which have statewide jurisdiction over most civil cases involving involving disputes over $50,000 or less. There's a Florida county court in each of the state's 67 counties. Chances are, you'll file your lawsuit in the county court that serves the area where the person you're suing lives, or where your property damage occurred.
If you're seeking more than $50,000 from the person you're trying to hold at fault for your property damage, you'll likely file your lawsuit in one of the 20 circuit courts in Florida. Get more details on the Florida circuit court system.
Yes. If you're not planning on asking for more than $8,000 from the at-fault party, you might consider filing your property damage case in small claims court, where the process is more streamlined and your case is likely to get resolved quicker. Get more details on small claims court in Florida.
It makes sense to handle a property damage claim yourself if the case is fairly straightforward. It can even be challenging to find a lawyer to take a run-of-the-mill property damage claim. But reaching out to a Florida attorney—even if only to discuss your options—might be a good idea if:
Get tips on finding the right lawyer for you and your case.
]]>First things first: A "statute of limitations" is a law that puts a strictly-enforced time limit on your right to file a lawsuit in court. Georgia, like every other state, has these laws on the books, with time limits that vary depending on the subject matter of the lawsuit.
In Georgia, a four-year filing deadline applies to most lawsuits seeking the repair or replacement of damaged or destroyed property, whether it’s real property or personal property. Specifically, a four-year time limit applies to the following kinds of civil lawsuits filed in the state's courts:
It's important to note that this four-year deadline applies to most situations in which you’re asking a court to award you monetary compensation for damaged or destroyed property, whether that claim is part of a larger legal action (a car accident case that includes claims for both personal injury and vehicle damage, for example) or a standalone lawsuit.
If you suspect that your property damage might have been caused by a construction defect, the statute of limitations deadline that will apply to this kind of lawsuit depends on the main basis for your claim.
Contract-based lawsuits (including breach of warranty claims) over construction defects in Georgia are usually subject to a six-year filing deadline. (Georgia Code section 9-3-24.)
Negligence-based construction defect lawsuits (including those involving property damage) typically must be filed within four years of when the project was completed.
Finally, there's an over-arching deadline (called a "statute of repose") that says a Georgia construction defect lawsuit must be filed within eight years of when the project was "substantially" completed, regardless of the specific kinds of claims being made against the builder/contractor. (Georgia Code section 9-3-51.)
Understanding which deadline applies to your situation can get complicated. Talk to a Georgia attorney if you think your property damage case involves a construction defect. Learn more:
If you try to file your Georgia property damage lawsuit after the applicable 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 a special exception applies (more on these in the next section), the court will grant the dismissal.
If that happens, you'll have 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.
In a Georgia property damage lawsuit—and most other kinds of civil lawsuits, for that matter—a number of situations could pause ("toll" in legalese) or extend the lawsuit filing deadline set by the statute of limitations. These include:
Other exceptions may also apply to extend the Georgia statute of limitations time limit, but they're too complex to cover in this article. Do your own research or talk to a lawyer for more details.
Most Georgia property damage lawsuits are filed in the state's Superior Court system, which has the power to hear a wide variety of civil lawsuits in the state. There are 49 Superior Court Circuits in the Georgia court system, each serving one or more of the 149 counties in the state. (Find your local Superior Court in Georgia.)
Your Georgia personal injury lawsuit usually starts when you file with the court— and "serve" on the defendant:
Yes. If you're only asking for less than $15,000 from the person you're suing for property damage, you might consider filing your case in Magistrate (or small claims) Court. Get more details on small claims court in Georgia.
It often makes sense to handle a property damage claim yourself if the case is fairly straightforward. It can even be challenging to find a lawyer to take a run-of-the-mill property damage claim. But reaching out to a Georgia attorney and discussing your options might be a good idea if:
Get tips on finding the right lawyer for you and your case.
]]>First things first. A “statute of limitations” is a state law that puts a strict deadline on your right to file a lawsuit over any kind of legal dispute or harm suffered. Every state has passed these laws, and the time limits vary depending on the subject matter of the lawsuit.
Most property damage lawsuits must be filed in California's court system within three years of the incident that caused the damage. That's true whether it’s real property or personal property. Specifically, California Code of Civil Procedure section 338 sets a three-year deadline on:
It’s important to note that this three-year deadline applies almost any time you’re asking a court to award you monetary compensation for damaged or destroyed property, whether that claim is part of a larger legal action (a car accident case that includes claims for both personal injury and vehicle damage, for example) or a standalone lawsuit.
A special deadline likely applies to the filing of a lawsuit for property damage caused by a construction defect in California, but the specifics of your situation will dictate the deadline. A number of state laws (including California Civil Code section 896) can come into play here, but the lawsuit-filing deadline is typically four years or 10 years, depending on the type of defect and whether the problem was obvious or hidden.
This area of the law can get complicated, so it might make sense to talk to a California attorney if you think your property damage case involves a construction defect. Learn more:
If you try to file your California property damage lawsuit after the three-year deadline has passed, the person you're suing will almost certainly make a motion asking the court to dismiss the case, and the court will grant the dismissal—except in rare cases where an exemption from the deadline applies (more on these exceptions in the next section).
So, even if you’re pretty sure your case will settle, you still want to leave yourself plenty of time to file a lawsuit if you need to.
In a California property damage lawsuit—and most other kinds of civil lawsuits, for that matter—a number of situations could pause (“toll” in legalese) the running of the statute of limitations "clock." For example:
Other exceptions too complex to cover here may also apply to extend the California statute of limitations time limit. Talk to an attorney or do your own research to learn more.
Where you file your California property damage lawsuit depends in part on the amount of compensation you're seeking ("damages") from the person or organization you're suing.
California's "Superior" courts have the power to hear most civil trials in the state. Chances are, you'll file in the courthouse that's in the California county where the defendant lives, or where your property damage occurred:
If you're asking for $10,000 or less in compensation from the at-fault party, you might want to consider filing your property damage claim in small claims court, where the process is more streamlined and your case is likely to get resolved quicker, compared with Superior Court. Get more details on small claims court in California.
It usually makes sense to handle a property damage claim on your own, as long as the case is fairly straightforward. You might even find it tough to get a lawyer to take a run-of-the-mill property damage claim. But reaching out to an experienced lawyer—if only to discuss your options—might be a good idea if:
Get tips on finding the right lawyer for you and your case.
]]>A property damage claim can be made through an insurance policy or through the court process (including small claims court). Either way, the owner can get compensation for damage to—or total destruction of—their property, and other related financial losses.
Almost any kind of property damage scenario you can think of can give rise to this kind of claim. For example:
A key issue in most property damage situations is whether there's an insurance policy that might apply to cover repair or replacement of the property. This could mean your own insurance policy (if you're the property owner) or someone else's coverage (if they caused the damage).
When your own insurance covers damage to your property, it's usually through:
It's important to check the details of your policy or talk with an insurance company representative to see what's covered and what's not in terms of your property. If your loss is covered, it's time to decide whether or not you want to make a claim.
The downsides to making a claim under your own insurance coverage usually include:
But in many situations, a claim through your own insurance coverage is your best (or only) option if you want to get your property repaired or replaced. And remember, this is why you purchased insurance coverage in the first place.
Similar to the example we laid out earlier, let's say that in a serious windstorm, your neighbor’s large oak tree is uprooted, topples over, and lands on the roof of your garage, damaging the structure and “totaling” your car, which was parked inside. Here:
The neighbor probably can’t be held responsible for the damage resulting from the fallen tree, since this would typically be considered an “Act of God” unless you can show that their negligence played a part in the incident. For example, if the tree represented a known hazard, and local officials had ordered it removed prior to its falling, you probably have a pretty good case against your neighbor. Learn more about Neighbors, Trees, and the Law.
Here, since no one else is at fault for the accident, you could make a claim under your own car insurance policy, but only if you have “collision” coverage. No other type of car insurance is going to apply to damage to your vehicle in this scenario, so without collision coverage you're probably going to be left to pay out of pocket to get your car fixed.
If someone else’ carelessness or negligence caused your property damage, you might have more options than just trying to use your own insurance coverage (if you have it) to pay for the repair or replacement of your property.
The most common scenario here is a car accident, like the one included in the example above, where another driver rear-ends your car at a stoplight, causing extensive damage to your vehicle.
Since, in one form or another, car insurance is required in nearly every state, chances are the driver who hit you will have liability property damage insurance coverage. Here, you could make a third party claim with their car insurance company, and hopefully the total cost to repair or replace your vehicle will be within their coverage limits. Learn more about making a third party insurance claim after a car accident.
A leak from a refrigeration unit in the store's dairy section leaves a puddle on the tiled floor, causing you to slip and fall. Here, the store’s commercial liability insurance coverage will apply to your accident, and that means any personal injury or property damage resulting from the fall will be part of your claim against the store. Learn more about making a claim for an in-store slip and fall.
The examples we’ve discussed so far are just a few common situations that can lead to a property damage claim. But there are as many possibilities here as there are kinds of property and types of mishaps. What happens in these situations is very fact-specific, and dependent on whether there is insurance coverage in play (plus the details of the coverage).
If someone's insurance policy does cover the incident that led to the property damage, the claim process might look like this:
If you make a property damage claim with your own insurance company—through your homeowner's insurance or your car insurance collision coverage, for example—and it turns out that someone else was at fault for the damage, your own insurance company might pay out on your claim and turn around and seek reimbursement from:
In this situation, your insurance company might also be able to recover any deductible you paid as part of the claim process, but it's not a guarantee.
Remember that if the incident that led to your property damage also caused you personal injury, or if there are other complications, the claim process is sure to look different, and a lot more might be at stake. In situations like this, you might want to talk with an experienced legal professional. More on this later on.
Whether it’s the proposed cost to repair your property or the value placed on it, if the insurance company’s numbers seem inaccurate to you, the insurer’s position doesn’t have to be the last word. It might help to think of the repair estimate or the valuation as a point of settlement negotiation, but as with most other kinds of negotiation, you need to be able to back up your position with documentation.
Depending on the specifics of your property damage claim, that might mean:
A property damage incident can end up in court—meaning the property owner files a lawsuit against the person or business who caused the damage—in a number of situations, including if:
If you're the property owner in this scenario, the big question here is whether it's going to be worth the time, effort, and expense of going to court, in light of:
Learn more about when you should sue and collecting a court judgment.
A "statute of limitations" is a law that sets a time limit on your right to file a lawsuit in court. Every state has these kinds of laws, which set different deadlines based on the kind of case being filed.
Most states have one statute of limitations deadline that applies to all property damage lawsuits, regardless of the type of property that's involved. California, New York, and Texas are included in this group.
In a few states (like Colorado and Wisconsin), there's one statute of limitations dedicated to vehicle damage lawsuits, and another that applies to lawsuits over damage to most other kinds of property.
In still more states (including Ohio), the statute of limitations that applies to a property damage lawsuit will depend on whether the harm was done to "real" or "personal" property:
Get the details on the property damage statute of limitations in your state.
If your property damage isn't extensive, or if the value of the property wasn't significant in the first place, you might consider bringing your case to your state's small claims courts if you're intent on taking legal action against the at-fault party. The big consideration here is whether the overall value of your losses (“damages” in the language of the law) is within the court's dollar limit. Get the details on small claims court limits and small claims court rules in your state.
Your options for getting compensation through a property damage claim depend on a wide variety of variables, including:
But in general, a property damage claim can include compensation that’s based on:
You might also be able to recover compensation for any secondary financial harm that resulted from the damage to the property. That might include:
If your property damage claim is fairly straightforward, and you’re not running into any major issues in dealing with the insurance company or the at-fault party, it might make the most sense to handle the matter on your own and see if you can come away with a satisfactory result. Practically speaking:
But there are some situations where it may be a good idea to at least reach out to an experienced lawyer and discuss your options.
Returning to the rear-end car accident scenario we discussed above, if you suffer significant injuries as a result of the accident, alongside your vehicle damage, things are going to get more complicated, and there’s simply going to be more at stake. Especially where someone else was clearly at fault for what happened, and your injuries are significant, it might be worth it to contact a personal injury lawyer and talk to them about your situation.
When it comes to everything from the valuation of your property to issuing your check, an insurance company has a legal duty to avoid acting in "bad faith" when handling your claim. If something about the insurance adjuster's behavior seems particularly outlandish or unprofessional to you, and it's preventing you from getting a fair resolution to your claim, it might make sense to reach out to an experienced legal professional. Learn more about bad faith insurance claims and get tips on finding the right lawyer for you and your case.
A "statute of limitations" is a law that puts a strictly-enforced limit on the amount of time that can pass between:
Let's take a close look at the statute of limitations that applies to property damage lawsuits in Wisconsin, a few rare circumstances that might extend the time limit, and more.
In Wisconsin, the statute of limitations that will apply to a lawsuit for property damage depends on whether a motor vehicle accident led to the alleged damage.
First off, Wisconsin Statutes section 893.52 sets a six-year deadline for the filing of any lawsuit "to recover damages for an injury to real or personal property." Here, "real" property means a house, some other building, or physical land. Personal property includes things like equipment, jewelry, clothing, electronics, and most anything else that's not deemed "real property."
But section 893.52 also says that if the property damage is caused by "an accident involving a motor vehicle," then a three-year filing deadline applies.
So, a three-year deadline would apply to a lawsuit over vehicle damage caused by a car accident, and also to a lawsuit by a property owner whose house was struck by a vehicle. But a six-year filing 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 in allowing a dead tree to fall.
Whichever deadline applies, the "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 discoverable right away.
Learn more about how property damage claims work.
At this point you might be wondering what will happen if you try to file your Wisconsin property damage lawsuit after the applicable 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 is certain to grant the dismissal unless rare circumstances make an extension of the deadline appropriate (more on these rules in the next section).
This is why it's so crucial to pay attention to (and comply with) the Wisconsin 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.
For most kinds of lawsuits in Wisconsin, including civil cases over property damage, a number of situations could serve to extend the lawsuit filing deadline set by the statute of limitations.
Special rules usually apply if, at the time the property damage occurs, the property owner is:
In those situations, the property owner is considered under a "legal disability" according to Wisconsin Statutes section 893.16. Once the property owner turns 18, or is declared sane, they'll usually have two years to get the lawsuit filed. But note that section 893.16 explicitly states that:
Another potential exception to strict application of the statute of limitations deadline exists when the defendant (the person who is alleged to have caused the property damage) "departs from and resides out of" the state of Wisconsin before the lawsuit can be filed. In that situation, the period of absence probably won't be counted as part of the three or six-year time period. This rule can be found at Wisconsin Statutes section 893.19.
Other situations can affect how the Wisconsin statute of limitations for property damage claims is calculated. Do a little legal research on your own or talk to an experienced Wisconsin attorney for more details.
Most Wisconsin property damage lawsuits are filed in the state's Circuit Courts, which have the power to hear most civil cases in the state. There's at least one Circuit Court in almost every county in Wisconsin, and chances are you'll file your lawsuit in the county where the person you're suing lives, or where your damaged property is located. Learn more about Wisconsin's Circuit Courts (from wicourts.gov).
If you're certain that the dollar value of all your property-related losses ("damages" in the language of the law) won't add up to more than $5,000, small claims court might be a good option for your case. Learn more about small claims court in Wisconsin (from wicourts.gov).
Remember that the statute of limitations deadline we covered above also applies to cases filed in Wisconsin small claims court.
Even if you're filing a lawsuit in court, you don't necessarily need a lawyer to handle your property damage case. Paying for an attorney at this stage might not be worth it (especially if you're filing in small claims court), and it can be tough finding an attorney who's willing to take a run-of-the-mill property damage case.
Having said all that, a Wisconsin lawyer's help might be crucial if personal injury or some other legal issue overlaps with your property damage. A lawyer might also agree to take that kind of "hybrid" 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.
]]>By way of background, a "statute of limitations" is a state law that (as the term suggests) limits your right to have a civil court consider your 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.
In this article, we'll explain the statute of limitations that applies to property damage lawsuits in West Virginia, the potential consequences of missing the deadline, and a few rare circumstances in which you might be able to extend the time limit.
In West Virginia, the statute of limitations filing deadline is the same whether your potential lawsuit involves damage to your "real" property (that means a house, some other building, or physical land) or your personal property (which includes vehicle damage). Specifically, West Virginia Code section 55-2-12 sets a two-year deadline for the filing of a lawsuit over any "damage to property."
So, for example, a vehicle damage claim after a car accident must be brought within two years in West Virginia, 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 -- could not reasonably have been discovered right away.
At this point you might be wondering what will happen if you try to file your West Virginia property damage lawsuit after the 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 is certain to grant the dismissal unless rare circumstances make an extension of the deadline appropriate (more on these rules in the next section). So it's crucial to pay attention to (and comply with) the West Virginia 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.
For most kinds of lawsuits in West Virginia, including civil cases over property damage, a number of situations could serve to extend the lawsuit filing deadline set by the statute of limitations.
For example, special rules usually apply if, at the time the property damage occurs, the property owner is "an infant" (which means under 18 in West Virginia) or "insane." In those situations, the statute of limitations "clock" won't start running against the property owner until he or she turns 18 or is declared sane, according to West Virginia Code section 55-2-15. Note that this extension based on "legal disability" (infancy or insanity) can't be relied upon if more than 20 years have passed since the underlying property damage occurred.
Another potential exception to strict application of the statute of limitations deadline exists when the defendant (the person who is alleged to have caused the property damage) is a resident of the state of West Virginia, but before the lawsuit can be filed he or she departs the state, or conceals him/herself within the state, or otherwise acts to obstruct the prosecution of the lawsuit. In those situations, the period of absence/concealment/obstruction probably won't be counted as part of the two-year time period. This rule can be found at West Virginia Code section 55-2-17.
Other circumstances may affect the West Virginia 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 West Virginia attorney will have the answers. Learn more about Finding an Excellent Lawyer.
]]>By way of background, a "statute of limitations" is a state law that (as the term suggests) limits your right to have a civil court consider your 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.
In Utah, the statute of limitations filing deadline for lawsuits over damage to a house, some other building, or to most personal property can be found at Utah Code section 78B-2-305, which sets a three-year deadline for the filing of a lawsuit:
So, for example, this 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. It also applies to a civil lawsuit if one person damages or destroys someone else's antique furniture.
For lawsuits over vehicle damage (whether or not that damage resulted from a car accident), a four-year filing deadline applies, set by Utah Code section 78B-2-307(3).
Whichever property damage statute of limitations deadline applies to a Utah lawsuit, the "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—couldn't reasonably have been discovered right away.
At this point you might be wondering what will happen if you try to file your Utah property damage lawsuit after the time limit has passed. In that situation:
As you can see, it's crucial to pay attention to (and comply with) the Utah 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.
For most kinds of lawsuits in Utah, including civil cases over property damage, a number of situations could serve to extend the lawsuit filing deadline set by the statute of limitations.
Special rules usually apply if, at the time the property damage occurs, the property owner is "under the age of majority" (which means 18 in Utah) or "mentally incompetent." In those situations, the statute of limitations "clock" won't start running against the property owner (unless there is a legal guardian in place) until he or she turns 18 or is declared competent, according to Utah Code section 78B-2-108.
When the defendant (the person who is alleged to have caused the property damage) departs from the state before a lawsuit can be filed against him or her, the period of absence probably won't be counted as part of the time limit for filing suit. This rule can be found at Utah Code section 78B-2-104.
Other circumstances may affect the Utah 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 Utah attorney will have the answers.
Yes. As long as you're not asking for more than $15,000 in compensation for your damaged or destroyed property, you can file your case in Utah small claims court.
Learn more about small claims court rules and what to expect.
Not necessarily. If there's insurance coverage that applies, handling the property damage claim process on your own might make sense. It can be tough to find an attorney for cases that involve only property damage. And paying for a lawyer might not even be worth it unless your losses are significant.
But a Utah lawyer's help might be necessary if your case also involves personal injury or some other legal issue, or if there's simply a lot at stake in terms of the value of the property. Get tips on finding the right lawyer for you and your case.
]]>By way of background, a "statute of limitations" is a state law that, as the name suggests, limits your right to have a court consider your lawsuit, by setting a strictly-enforced deadline for getting the case started. Miss the deadline, and you likely 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 details of the statute of limitations for property damage lawsuits in Pennsylvania, including circumstances in which you might be able to effectively extend the time limit.
In Pennsylvania, the statute of limitations filing deadline is the same whether your potential lawsuit involves damage to:
Specifically, Pennsylvania Consolidated Statutes Title 42 section 5524 sets a two-year deadline for the filing of:
So, a vehicle damage claim after a car accident must be brought within two years in Pennsylvania, 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—could not reasonably have been discovered right away.
Get more details on property damage and making a claim for compensation.
At this point you might be wondering what will happen if you try to file your Pennsylvania property damage lawsuit after the applicable time limit has passed. In that situation, you can count on:
This is why it's so crucial to pay attention to (and comply with) the Pennsylvania 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.
For most kinds of lawsuits in Pennsylvania, 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 of these.
If the property owner is a minor. Special rules usually apply if, at the time the property damage occurs, the property owner is a minor (which means under the age of 18, under Pennsylvania law). In that situation, the property owner will be entitled to the full two years to get their lawsuit filed once they turn 18, according to Pennsylvania Consolidated Statutes Title 42 section 5533.
If the at-fault party leaves the state or conceals themselves within the state. Special rules also apply when, before a lawsuit can be filed against them, the defendant (the person who's alleged to have caused the property damage):
Here, the period of the absence or concealment probably won't be counted as part of the time limit for filing the property damage suit. This rule can be found at Pennsylvania Consolidated Statutes Title 42 section 5532.
Other circumstances may affect the Pennsylvania statute of limitations, and how the time window is calculated. Do a little research of your own or talk to an attorney for the details.
Pennsylvania's "Courts of Common Pleas" have the power to hear most civil lawsuits in the state. These courts are organized into 60 districts, mostly along the state's geographic boundaries for counties. Chances are, you'll file your property damage lawsuit in the district where the person you're suing lives. Find courts in Pennsylvania and learn more about the Pennsylvania court system (from pacourt.us).
Yes. If you're not seeking more than $12,000 as compensation for your damaged or destroyed property, the small claims division of Pennsylvania Magisterial District Court is an option. Learn more about Pennsylvania Small Claims In Magisterial District Court.
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 an experienced lawyer—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.
]]>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.
In Oklahoma, the statute of limitations filing deadline is two years for potential lawsuits involving:
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.
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:
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.
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.
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.
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.
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.
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.
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.
]]>A "statute of limitations" is a law that sets a limit on how much time can pass between:
Read on for the details of the property damage statute of limitations in New Hampshire, circumstances that could serve to extend the deadline, and more.
In New Hampshire, the statute of limitations filing deadline is the same whether your potential lawsuit involves damage to:
Specifically, New Hampshire Statutes section 508:4 sets something of a catch-all three year filing deadline for "all personal actions," and property damage lawsuits fall under this category.
So, a vehicle damage claim after a car accident must be brought within three years in New Hampshire. 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.
Learn more about how property damage claims work.
The three-year "clock" typically starts running on the day of the incident that led to the damage, although section 508:4 specifically gives plaintiffs a little leeway "when the injury and its causal relationship" to the defendant's actions "were not discovered and could not reasonably have been discovered at the time."
So, if the property damage isn't apparent right away, or if it's not initially obvious that someone else caused the damage, there might be a valid question as to when the three-year clock should start for purposes of the statute of limitations.
If you try to file your New Hampshire property damage lawsuit after the applicable 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.
The court is certain to grant the dismissal unless rare circumstances make an extension of the deadline appropriate (more on these rules later). So it's crucial to pay attention to (and comply with) the New Hampshire 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.
For most kinds of civil lawsuits in New Hampshire, including cases over property damage, a number of situations could serve to effectively extend the lawsuit filing deadline set by the statute of limitations.
Special rules usually apply if, at the time the property damage occurs, the property owner:
These are considered "legal disabilities" by the New Hampshire civil courts, and once the period of legal disability ends—meaning the property owner turns 18, or is declared legally competent—they'll usually have two years to get their lawsuit filed, according to New Hampshire Statutes section 508:8.
When the person who's alleged to have caused the property damage is "absent from and residing out of the state" of New Hampshire before a lawsuit can be filed against them, the period of absence probably won't be counted as part of the time limit for filing suit. This rule can be found at New Hampshire Statutes section 508:9.
Other circumstances may affect the New Hampshire statute of limitations and how the time window might be calculated for a potential property damage lawsuit. Do a little research of your own or talk with an experienced New Hampshire attorney for more details about how the law might apply to your situation.
The answer here mostly depends on how much compensation ("damages" in the language of the law) you'll be seeking from the person you're suing:
In either scenario, you'll likely file your lawsuit in the New Hampshire county where the person you're suing lives, or where the property damage occurred.
Yes. If you're not asking for more than $10,000 from the person who damaged or destroyed your property, small claims court might be a good option for your case. A few things to note here:
Even if you're filing a lawsuit, you don't necessarily need a lawyer to handle your property damage case. Paying for an attorney at this stage might not be worth it (especially if you're filing in small claims court), and it can be challenging to find an attorney who's willing to take a run-of-the-mill property damage case.
But a New Hampshire lawyer's help might be crucial if personal injury or some other legal issue overlaps with your property damage. A lawyer might also agree to take that kind of "hybrid" 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.
]]>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 Arkansas, the consequences of missing the deadline, and a few rare situations in which you might be able to extend the time limit.
In Arkansas, 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 three years, according to Arkansas Code Annotated section 16-56-105. Specifically, this statute sets a three-year deadline for:
So, a vehicle damage claim after a car accident must be brought within three years in Arkansas. 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 three-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.
If you try to file your Arkansas 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). So it's crucial to pay attention to (and comply with) the Arkansas 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.
For property damage claims -- and for most other kinds of civil lawsuits in Arkansas -- a number of situations could serve to extend the three-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 21 or is "legally insane." These are considered "legal disabilities" by the Arkansas courts, so that once the period of legal disability ends -- meaning the property owner turns 21 or is declared legally sane -- he or she will have three years to get the property damage lawsuit filed. This rule can be found at Arkansas Code Annotated section 16-56-116.
And, under Arkansas Code Annotated section 16-56-120, if the defendant (the person who is alleged to have caused the property damage), "by leaving the county, absconding, or concealing himself, or by any other improper act of his own, prevents the commencement" of the lawsuit, the period of that absence or concealment probably won't be counted as part of the three-year time limit for filing suit.
Other circumstances may affect the Arkansas 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 Arkansas attorney will have the answers. Learn more about Finding an Excellent Lawyer.
]]>A "statute of limitations" is a law that puts a strictly-enforced limit on how much time can pass before you must file a case in court. 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 South Carolina, whether your potential case involves damage to real property (your house or your land, for example) or personal property (including vehicle damage), it usually must be brought to the state's civil court system within three years, according to South Carolina Code of Laws section 15-3-530. Specifically, this statute sets a three-year deadline for, among other kinds of lawsuits:
So, if a homeowner wants to bring a lawsuit for physical damage to the exterior of his/her house caused by someone else's negligence, that case must be brought within three years in South Carolina. The same goes for a vehicle damage claim after a car accident. The three-year "clock" starts running when the property owner becomes aware (or should reasonably have become aware) of the incident that gave rise to the damage.
Learn more about how property damage claims work.
If you think your property damage was caused by a construction defect, the statute of limitations deadline that will apply to this kind of lawsuit depends on whether the focus of the claim is on:
Contract-based lawsuits over construction defects in South Carolina are usually subject to a three-year filing deadline. (South Carolina Code of Laws section 15-3-530.) But the builder might be entitled to notice of the defect and an opportunity to fix the problem before the lawsuit can be filed.
Negligence-based construction defect lawsuits typically must be filed within eight years of when the project was completed. (South Carolina Code of Laws section 15-3-640.)
Understanding the difference between these kinds of cases (and which deadline applies) can get complicated. Talking to a South Carolina attorney might make sense if you think your property damage case involves a construction defect. Learn more:
The statute of limitations only applies to lawsuits filed in South Carolina's court system. It doesn't apply 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.
If you try to file your South Carolina property damage lawsuit after the statute of limitations time limit has passed, it's a near-certainty that:
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 South Carolina 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.
For most kinds of civil lawsuits in South Carolina—including property damage claims—a number of (relatively rare) situations could serve to extend the three-year lawsuit filing deadline.
If, at the time the property damage occurs, the property owner is under the age of 18 or has been declared "insane," they're considered to be under a "legal disability" in South Carolina.
Once the period of disability ends—meaning the property owner turns 18 or is declared sane—they'll have one year to get a civil lawsuit filed over the property damage. (Note: The period of limitations can't be extended more than five years based on insanity.) This rule can be found at South Carolina Code of Laws section 15-3-40.
Under South Carolina Code of Laws section 15-3-30, if the person who is alleged to have caused the property damage leaves the state of South Carolina before the lawsuit can be filed, and takes up residence in another state or is gone for more than one year, the period of absence probably won't be counted as part of the three-year time limit for filing suit.
Other circumstances may affect the South Carolina 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 South Carolina attorney will have the answers.
Many South Carolina property damage lawsuits are filed in the state's Circuit Courts, which have jurisdiction over most civil cases. There are 16 Judicial Circuits in the state. The circuit for the county where the person you're suing lives, or where your property is (or was) located is probably the right place to file.
Yes. Small claims court is an option for your South Carolina property damage case, as long as you're not seeking more than $7,500 in compensation. Learn more about filing a small claims case in South Carolina Magistrates Court.
If there's insurance coverage that applies to your property damage claim, handling the claim process on your own might make sense, at least at the outset. It can be tough to find an attorney for cases that involve only property damage. And paying for a lawyer might not even be worth it unless your losses are significant.
But a South Carolina lawyer's help might be crucial if your case also involves personal injury, a construction defect, or some other legal issue. Where the at-fault party's personal injury and property damage liability overlap, 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.
]]>In this article, we'll explain the property damage lawsuit filing deadline in North Carolina, the consequences of missing the deadline, and a few rare situations in which you might be able to extend the time limit.
A "statute of limitations" is a state law that puts a strictly-enforced limit on how much time can pass before you must file a lawsuit in court. Every state has these laws on the books, with different time limits depending on the kind of case being filed.
In North Carolina, whether your potential case involves damage to real property (your house or your land, for example) or personal property (including vehicle damage), it usually must be brought to the state's civil court system within three years. This rule can be found at North Carolina General Statutes section 1-52.
So, if a homeowner wants to bring a lawsuit for physical damage to the exterior of their house caused by someone else's negligence, that case must be brought within three years in North Carolina. The same goes for a vehicle damage claim after a car accident.
Get the details on making a claim for property damage.
If you believe that your property damage was caused by a construction defect, and you want to bring a lawsuit against the builder or contractor, chances are the same three-year deadline we've been discussing will also apply to that kind of case. That's true whether the basis of the claim is:
But exactly when the statute of limitations "clock" starts running on a construction defect lawsuit often depends on whether the problem was easily discoverable, or was hidden (or "latent"). And there's an over-arching deadline (called a "statute of repose") that says a North Carolina construction defect lawsuit must be filed within six years of when the project was "substantially" completed, or when work was last done.
This area of the law can get complicated, so it might make sense to talk to a North Carolina attorney if you think your property damage case involves a construction defect. Learn more:
Section 1-52 explicitly states that the three-year time period starts when damage to the property "becomes apparent or ought reasonably to have become apparent to the claimant, whichever event first occurs." So, as soon as you actually know—or should know in the eyes of the law—that your property was damaged, that's when the clock starts ticking. But as we touched on above, this issue can get complicated in cases where a construction defect is the suspected cause of the property damage.
If you try to file your North Carolina property damage lawsuit after the applicable deadline has passed, it's a safe bet that the defendant (the person you're trying to sue) will file a motion asking the court to dismiss the case. And the court is certain to grant the dismissal unless an extension of the deadline applies to your situation (more on this later).
If your case is dismissed, you've lost your right to any legal remedy for the damage to your property, no matter how costly it ends up being. That's why it's crucial to pay attention to (and comply with) the North Carolina statute of limitations for property damage claims.
For most kinds of civil lawsuits in North Carolina—including property damage claims—a number of (relatively rare) situations could effectively extend the three-year lawsuit filing deadline. Let's look at a few examples.
If the Property Owner Is Under a "Legal Disability." Special statute of limitations rules usually apply if, at the time the property damage occurs, the property owner is under the age of 18 or has been declared insane or legally incompetent. In those situations, the property owner is considered to be under a "legal disability," and the three-year "clock" typically won't start running until the period of disability ends (meaning the property owner turns 18 or is declared competent). This rule can be found at North Carolina General Statutes section 1-17.
Defendant's Absence From the State. If the person who's alleged to have caused the property damage leaves the state of North Carolina before the lawsuit can be filed, the period of absence probably won't be counted as part of the three-year time limit for filing suit, according to North Carolina General Statutes section 1-21.
Other circumstances may affect the North Carolina statute of limitations, and how it's calculated. Do some additional research or talk to a North Carolina attorney for more information.
Most property damage lawsuits are filed in one of the two main branches of North Carolina's civil court system:
In most situations, you'll file your property damage lawsuit in the North Carolina county where the person you're suing lives. Learn more about Filing a Lawsuit In North Carolina (from nccourts.gov).
Yes. If you're not seeking more than $5,000 to $10,000 from the at-fault party as compensation for your property damage losses (the dollar limit varies depending on the county), you can file a small claims action. Learn more about Small Claims in North Carolina (from nccourts.gov).
If your property damage case is fairly straightforward, it usually makes sense to handle it on your own and try to get a fair insurance settlement before you need to file a lawsuit in court. It can even be a challenge to find a lawyer who's willing to take a run-of-the-mill property damage case.
But reaching out to an experienced lawyer—if only to discuss your options—might be a good idea if your case involves personal injury, a construction defect, or some other legal issue, in addition to property damage. Get tips on finding the right lawyer for you and your 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 file your lawsuit in 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 Alaska, the consequences of missing the deadline, and a few rare situations in which you might be able to extend the time limit.
In Alaska, the filing deadline that applies to a property damage lawsuit depends on whether the plaintiff (the person filing the lawsuit) is seeking the repair or replacement of damaged or destroyed real property or personal property.
The Alaska lawsuit filing deadline is six years from the date of any tort (wrongful action) that results in "waste or trespass upon" real property (which includes damage to a house or other structure, or to land itself). This rule can be found at Alaska Statutes section 09.10.050.
For lawsuits over damage to personal property (including vehicle damage), Alaska Statutes section 09.10.070 says this kind of civil case must be filed within two years.
It's important to note that these filing deadlines apply any time you’re asking a court to award you monetary compensation for damaged or destroyed property in Alaska, whether that claim is part of a larger legal action or a standalone lawsuit.
What happens if you try to file your Alaska property damage lawsuit after the relevant time limit has passed? In that situation, it's a safe bet that the defendant (the person you're trying to sue) will file a motion asking the court to dismiss the case. And the court is certain to grant the dismissal unless rare circumstances make an extension of the deadline appropriate (more on this later).
If that happens, you've essentially lost your right to any legal remedy for your damaged property. That's why it's crucial to pay attention to (and comply with) the Alaska statute of limitations for property damage claims.
For most kinds of civil lawsuits in Alaska -- including property damage claims -- a number of (relatively rare) situations could effectively extend the statutory filing deadline.
For example, special rules apply if, at the time the property damage occurs, the property owner is under the age of 18 or "incompetent by reason of mental illness or mental disability." In those situations, since the property owner is considered under a "legal disability", once the period of disability ends (meaning the property owner turns 18 or is declared sane or competent), the property owner will have two years to get the lawsuit filed. This rule can be found at Alaska Statutes section 09.10.140.
And if the person who is alleged to have caused the property damage leaves the state of Alaska before the lawsuit can be filed, or takes steps to conceal him/herself in the state, the period of absence or concealment probably won't be counted as part of the time limit for filing suit, according to Alaska Statutes section 09.10.130.
Other circumstances may affect the Alaska 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 Alaska attorney will have the answers. Learn more about Finding an Excellent Lawyer.
]]>A "statute of limitations" is a law that puts a strictly-enforced limit on the amount of time that can pass between:
Read on for the details of the property damage statute of limitations in Washington, rare circumstances that could serve to extend the deadline, and more.
In Washington, the filing deadline that applies to a property damage lawsuit is the same whether the plaintiff (the person filing the lawsuit) is seeking the repair or replacement of damaged or destroyed real property or personal property.
Specifically, Revised Code of Washington section 4.16.080 sets a three-year time limit for the filing of:
Here, "waste" is just another word for "damage." So, if a homeowner wants to bring a lawsuit for physical damage to the exterior of a house caused by someone else's negligence, that case must be brought within three years in Washington. The same goes for a vehicle damage claim after a car accident.
In both situations, the statute of limitations "clock" usually starts ticking as soon as the property owner becomes aware (or should have become aware) that someone else caused damage to his or her property.
Learn more about how property damage claims work.
If the three-year filing deadline set by the Washington statute of limitations has passed, but you try to file your property damage lawsuit anyway, 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. 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.
In a Washington property damage lawsuit—and most other kinds of civil lawsuits, for that matter—a number of situations could effectively extend the statute of limitations deadline.
If the defendant who is alleged to have caused the property damage is absent from the state of Washington or has taken steps to conceal themselves within the state before the lawsuit can be filed, the time of absence/concealment probably won't be counted as part of the statute of limitations period, according to Revised Code of Washington section 4.16.180.
If the property owner is under the age of 18, is "incompetent or disabled to such a degree that he or she cannot understand the nature of the proceedings," they're considered under a "legal disability" in Washington. And Revised Code of Washington section 4.16.190 says that the property owner will be able to bring the lawsuit within the applicable time limit once the disability is removed (meaning the owner turns 18 or is declared legally competent).
Other circumstances may affect the Washington 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, do a little research of your own or talk with an attorney in your area.
The answer here mostly depends on how much compensation ("damages" in the language of the law) you'll be seeking from the person you're suing:
In either scenario, you'll likely file your lawsuit in the county where the person you're suing lives, or where the property damage occurred.
Yes. If you're not asking for more than $5,000 from the person who damaged or destroyed your property, small claims court might be a good option for your case. Remember that the Washington statute of limitations deadline we've discussed here also applies to small claims cases.
Even if you're filing a lawsuit, you don't necessarily need a lawyer to handle your property damage case. Paying for an attorney at this stage might not be worth it (especially if you're filing in small claims court), and it can be challenging to find an attorney who's willing to take a run-of-the-mill property damage case.
But a Washington lawyer's help might be crucial if personal injury or some other legal issue overlaps with your property damage. A lawyer might also agree to take that kind of "hybrid" 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.
]]>A "statute of limitations" is a law that puts a limit on how much time can pass between:
Every state has these laws on the books, with different time limits depending on the kind of case being filed.
In Tennessee, whether your potential case involves damage to real property (your house or your land, for example) or personal property (including vehicle damage), it must be brought to the state's civil court system within three years. This rule can be found at Tennessee Code section 28-3-105, which sets this three-year deadline for all "actions for injuries to personal or real property."
So, if a homeowner wants to bring a lawsuit for physical damage to the exterior of a house caused by someone else's negligence, that case must be brought within three years in Tennessee. The same goes for a vehicle damage claim after a car accident. In both situations, the statute of limitations "clock" usually starts ticking as soon as the property owner becomes aware (or should have become aware) that someone caused damage to their property.
Learn more about how property damage claims work.
If you try to file your Tennessee property damage lawsuit after the three-year deadline has passed, chances are good that:
Once your case is dismissed, you've lost your right to any legal remedy for your damaged property. That's why it's crucial to pay attention to (and comply with) the Tennessee statute of limitations for property damage claims.
For most kinds of civil lawsuits in Tennessee—including property damage claims -- a number of (relatively rare) situations could effectively extend the three-year lawsuit filing deadline laid out in the statute of limitations. For example:
Other circumstances may affect the Tennessee 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 Tennessee attorney will have the answers.
Yes, small claims court is a good option for property damage cases in Tennessee, because the state's dollar limit for filing these kinds of cases is unusually high. If your losses ("damages" in the language of the law) look like they'll add up to less than $25,000, you can file your lawsuit in one of Tennessee's General Sessions Courts, which hear small claims. Learn more about Tennessee's General Sessions Courts (from tncourts.gov).
The short answer here is that you don't need a lawyer to bring a property damage case in Tennessee. 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. Paying for a lawyer at this stage might not even be worth it unless your losses are significant.
But a Tennessee lawyer's help might be crucial if personal injury or some other legal concern overlaps the property damage issue, and at that point a lawyer might 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.
]]>For those unfamiliar with the term, a "statute of limitations" is a state law that affects a potential plaintiff's right to file a lawsuit, by putting a strict limit on how much time can pass before they can get the case started in 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 Mississippi, the consequences of missing the deadline, and a few rare situations in which you might be able to extend the time limit.
In Mississippi, whether your potential case involves damage to real property (your house or your land, for example) or personal property (including vehicle damage), it must be brought to the state's civil court system within three years. This rule can be found at Mississippi Code section 15-1-49, which sets something of a "catch-all" three-year deadline for the filing of many kinds of lawsuits where one person's actions are alleged to have harmed another.
So, if a homeowner wants to bring a lawsuit for physical damage to the exterior of his/her house caused by someone else's negligence, that case must be brought within three years in Mississippi. The same goes for a vehicle damage claim after a car accident. In both situations, the statute of limitations "clock" usually starts ticking as soon as the property owner becomes aware (or should have become aware) that someone else caused damage to his or her property.
What happens if you try to file your Mississippi property damage lawsuit after the three-year time limit has expired? In that situation, it's a safe bet that the defendant (the person you're trying to sue) will file a motion asking the court to dismiss the case. And the court is certain to grant the dismissal unless rare circumstances make an extension of the deadline appropriate (more on this later).
If that happens, you've essentially lost your right to any legal remedy for your damaged property. That's why it's crucial to pay attention to (and comply with) the Mississippi statute of limitations for property damage claims.
For most kinds of civil lawsuits in Mississippi -- including property damage claims -- a number of (relatively rare) situations could effectively extend the three-year lawsuit filing deadline laid out in the statute of limitations.
For example, special rules apply if, at the time the property damage occurs, the property owner is "under the disability of infancy or unsoundness of mind" -- meaning he or she is under the age of 18 or has been declared legally incompetent. In those situations, since the property owner is considered to be under a "legal disability," the three-year "clock" won't start running until the period of disability ends (meaning the property owner turns 18 or is declared competent). But it's important to note that the time period for filing the lawsuit won't be extended for more than 21 years. This rule can be found at Mississippi Code section 15-1-59.
And if the person who is alleged to have caused the property damage leaves the state of Mississippi after the damage occurs but before the lawsuit is filed, the period of his or her absence probably won't be counted as part of the three year time limit for filing suit, according to Mississippi Code section 15-1-63.
Other circumstances may affect the Mississippi 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 -- especially if the filing deadline is fast approaching -- an experienced Mississippi attorney will have the answers. Learn more about Finding an Excellent Lawyer.
]]>For those unfamiliar with the term, a "statute of limitations" is a state law that affects a potential plaintiff's right to file a lawsuit, by putting a strict limit on how much time can pass before the plaintiff can get the case started in court. Every state has these laws on the books, with different time limits depending on the kind of case being filed.
In Louisiana, and everywhere else, the statute of limitations only applies to lawsuits filed in court, not to insurance claims involving property damage. But if insurance coverage does apply to your property damage situation, you'll want to get the claim process started as soon as possible. You'll also want to leave yourself plenty of time to take the matter to court if you need to (or at least preserve the court option as leverage during settlement negotiations). So, let's look at the details of the lawsuit-filing deadline in Louisiana.
In Louisiana, whether your potential case involves damage to real property (your house or your land, for example) or personal property (including vehicle damage), it must be brought to the state's civil court system within one year.
This rule can be found at Louisiana Civil Code Article 3492, which sets something of a "catch-all" statute of limitations that applies to most tort or injury cases filed in Louisiana's courts. Specifically, this law says: "Delictual actions are subject to a liberative prescription of one year. This prescription commences to run from the day injury or damage is sustained."
That's a lot of legalese to cut through. But a "delictual" action is simply a lawsuit over some kind of harm. So, under Article 3492, any lawsuit for damage to or destruction of property must be filed within one year. The "prescription commences" language is just a confusing way of saying that the one-year "clock" usually starts ticking as soon as the property owner becomes aware (or should have become aware) that someone else caused damage to his or her property.
So, if a homeowner wants to bring a lawsuit for physical damage to the exterior of his/her house caused by someone else's negligence, that case must be brought within one year in Louisiana. The same goes for a vehicle damage claim after a car accident. In case you're wondering, this one-year lawsuit filing deadline is one of the most plaintiff-unfriendly statutes of limitations in the nation.
Get more details on how property damage claims work.
If you try to file your Louisiana property damage lawsuit after the one-year time limit has expired, it's a near certainty that:
This is why it's crucial to understand and comply with the statute of limitations deadline as it applies to your situation.
For most kinds of civil lawsuits in Louisiana—including property damage claims—a number of (relatively rare) situations could effectively extend the one-year lawsuit filing deadline laid out in the statute of limitations, or at least have an impact on how the time period is calculated.
One of the most common of these is where the property owner is a minor (under 18) at the time the damage occurs. In this situation, the one-year statute of limitations "clock" for getting any property damage lawsuit filed probably won't start running until the property owner turns 18.
There are other situations that could effectively extend the statute of limitations filing deadline, but they're too complex to explain here. If you've got questions about the statute of limitations as it applies to your potential property damage lawsuit, an experienced Louisiana attorney will have the answers.
Where you'll file your Louisiana property damage lawsuit depends in large part on how much you're seeking in the way of compensation for your losses ("damages" in the language of the law).
If your damages are significant, and could reach $20,000 or more, Louisiana's district courts are probably the right option. There are 42 judicial districts in Louisiana, each consisting of at least one parish. You'll usually file your property damage lawsuit in the district where the person you're suing lives.
There are also 50 city courts in Louisiana, where you can't ask for more than a certain amount from the person you're suing. The limit might be anywhere from $15,000 to $50,000, depending on the particular court's rules.
Yes. Small claims court is an option for your Louisiana property damage case, as long as you're not seeking more than $5,000 from the defendant. Learn more about bringing a case in Louisiana small claims court.
It can be a challenge to find a lawyer who's willing to take a standalone property damage claim, and paying for the lawyer's services might not be worth it, if the case is fairly straightforward and there's insurance coverage in play. Handling the claim process on your own, at least initially, might make the most sense.
But reaching out to a Louisiana lawyer in your area might be a good idea if things get contentious. And a lawyer's help might be crucial if, on top of property damage, your case involves personal injury or some other legal issue. Get tips on finding the right lawyer for you and your case.
]]>Let's start with the basics. A "statute of limitations" is a state law that puts a strict limit on how much time can pass before you need to get a case started in court. Every state has these laws on the books, with different time limits depending on the kind of case being filed.
In Nevada, whether your potential case involves damage to real property (your house or your land, for example) or personal property (including vehicle damage), it must be brought to the state's civil court system within three years. This rule can be found at Nevada Revised Statutes section 11.190, which sets this three-year deadline for the filing of:
(Note: Damage to real property falls under the definition of "waste or trespass" in this context.)
So, if a homeowner wants to bring a lawsuit for physical damage to the exterior of his/her house caused by someone else's negligence, that case must be brought within three years in Nevada. The same goes for a vehicle damage claim after a car accident. In both situations, the statute of limitations "clock" usually starts ticking as soon as the property owner becomes aware (or should have become aware) that someone else caused damage to his or her property.
Get more details on how property damage claims work.
No, the statute of limitations only applies to lawsuits filed in Nevada court, not to insurance claims involving property damage. But if insurance coverage is in play, you'll want to get the claim process started as soon as possible, and leave yourself plenty of time to take your property damage case to court if you need to (or at least preserve the court option as leverage during settlement negotiations).
If you try to file your Nevada property damage lawsuit after the three-year time limit has expired, it's a safe bet that:
That is why it's crucial to pay attention to (and comply with) the Nevada statute of limitations for property damage claims.
For most kinds of civil lawsuits in Nevada—including property damage claims—a number of (relatively rare) situations could effectively extend the three-year lawsuit filing deadline laid out in the statute of limitations. Let's look at a few examples.
Special deadlines apply if, at the time the property damage occurs, the property owner is "under a legal disability" according to Nevada law. That means they're:
In all of these situations, the three-year "clock" usually won't start running until the "legal disability" ends (meaning the property owner turns 18, is declared sane, or is released from the state's custodial care). This rule can be found at Nevada Revised Statutes section 11.250.
If the person who caused the property damage leaves the state of Nevada before the lawsuit can be filed, the time of the absence probably won't be counted as part of the three year filing period (the "clock" pauses during the defendant's absence from the state, in other words. (Nevada Revised Statutes section 11.300.)
Other circumstances may affect the Nevada statute of limitations, and how it's calculated. Do some research on your own, or talk to a Nevada attorney for more details.
Most civil lawsuits are filed in one of Nevada's District Courts, which have the power to hear most kinds of legal disputes in the state. There are 11 judicial districts spread out over Nevada's 17 counties. Chances are you'll file your property damage lawsuit in the county where the person you're suing lives, or where your property is (or was) located.
Yes. Small claims court is an option for your Nevada property damage case, as long as you're not seeking more than $10,000 in compensation. In Nevada, small claims cases are heard by the state's Justice Courts.
If you've got a standalone property damage claim, and there's insurance coverage in play, handling the claim process on your own might be the right move, at least at the outset. It can be a challenge to find an attorney who will agree to handle a case that involves only property damage. And paying for a lawyer might not even be worth it unless your losses are significant.
But a Nevada lawyer's help might be crucial if, on top of property damage, your case involves personal injury or some other legal issue. In that situation (where the at-fault party's personal injury and property damage liability overlap) the lawyer might also agree to take your case on a contingency fee basis, meaning you don'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.
]]>The term may sound intimidating, but a "statute of limitations" is simply a law that puts a limit on how much time can pass between:
Every state has these laws on the books, with different time limits depending on the kind of case being filed.
In Alabama, whether your potential case involves damage to real property (your house or your land, for example) or personal property (including damage to vehicles), it must be filed within six years, according to Code of Alabama section 6-2-34.
Specifically, this law sets a six-year filing deadline for "actions for any trespass to real or personal property." Here, "trespass" refers to any infringement of the property owner's rights to possession and enjoyment of their property (it doesn't only refer to unlawful entry onto land).
So, if a homeowner wants to bring a lawsuit for physical damage to the exterior of their house after a car crashes into it, that case must be brought within six years in Alabama. The same goes for a vehicle damage lawsuit after a car accident. In both situations, the statute of limitations "clock" usually starts ticking as soon as the property owner becomes aware (or should have become aware) that someone else caused damage to his or her property.
Learn more about how property damage claims work.
No. The statute of limitations only applies to lawsuits filed in Alabama's court system. It doesn't apply to insurance claims involving property damage. Six years is a pretty long time, but you'll still 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.
If the six-year time window has closed but you try to file your Alabama property damage lawsuit anyway, it's a safe bet that the defendant (the person you're trying to sue) will file a legal motion asking the court to dismiss your lawsuit, based on the missed deadline.
The court is certain to grant the dismissal unless rare circumstances make an extension of the deadline appropriate (more on this in the next section). If that happens, you've essentially lost your right to any legal remedy for your damaged property. That's why it's crucial to pay attention to and comply with the Alabama statute of limitations as it applies to property damage claims.
For most kinds of civil lawsuits in Alabama—including property damage claims—a number of situations could effectively extend the six-year lawsuit filing deadline as laid out in the statute of limitations.
If the property owner is under a legal disability at the time the damage occurs (in Alabama, that means they're under the age of 19 or have been declared insane), the six-year clock doesn't start running until the disability ends (meaning the property owner turns 19 or is declared sane).
Note that the filing deadline won't be extended for more than 20 years for reasons related to a legal disability in Alabama. This rule can be found at Code of Alabama section 6-2-8.
If the defendant is absent from the state for any period of time after the property damage occurs, but before the property owner files a lawsuit, the period of the defendant's absence probably won't be counted as part of the six-year period. (Code of Alabama section 6-2-10.)
Other situations might also affect the computation of the statute of limitations deadline. If you've got questions about this law as it applies to your potential property damage lawsuit, an experienced Alabama attorney will have the answers.
Yes. While many property damage lawsuits are filed in Alabama's Circuit Courts (which have jurisdiction over most civil cases in the state), if you're not asking for more than $6,000 as compensation for your damaged or destroyed property, you can opt for small claims court in Alabama. That means filing your lawsuit in one of Alabama's District Courts, which handle small claims.
Remember that you'll still need to comply with the statute of limitations even if you're filing in small claims court. Learn more about Alabama District Court Small Claims Actions.
If insurance coverage applies to your property damage claim (i.e. vehicle damage that's covered by the at-fault driver's insurance after a car accident), handling the claim process on your own might make sense, at least at the outset. It can be tough to find an attorney for cases that involve only property damage. And paying for a lawyer might not even be worth it unless your losses are significant.
But an Alabama lawyer's help might be crucial if your case also involves personal injury or some other legal issue. Where the at-fault party's injury and property damage liability overlap, 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.
]]>For readers unfamiliar with the term, a "statute of limitations" is a law that affects a potential plaintiff's right to file a lawsuit, by putting a strict limit on how much time can pass before they must get the case started in court. Every state has these laws on the books, with different time limits depending on the kind of case being filed.
Let's look at the property damage lawsuit filing deadline in Oregon, the consequences of missing the deadline, and the (rare) situations in which the time limit might be extended.
In Oregon, a property damage lawsuit must be filed within six years, according to Oregon Revised Statutes section 12.080, which sets this time limit for:
In both situations, the statute of limitations "clock" usually starts ticking as soon as the property owner becomes aware (or should have become aware) of the damage and its cause.
Learn more about how property damage claims work.
If you try to file your Oregon property damage lawsuit after the six-year time window has closed, you can count on:
If your lawsuit is dismissed, you've essentially lost your right to any legal remedy for your damaged property. That's why it's crucial to pay attention to—and make sure you comply with—the Oregon statute of limitations as it applies to property damage claims.
For most kinds of civil lawsuits in Oregon—including property damage claims—a number of situations could effectively extend the six-year lawsuit filing deadline as laid out in the statute of limitations. Let's look at a few common examples.
If, at the time the property damage occurs, the property owner is under the age of 18 or is subject to a disabling mental condition, they'll have extra time to bring the property damage lawsuit once this period of "legal disability" ends (meaning once they turn 18 or are declared competent), according to Oregon Revised Statutes section 12.160. But the filing period won't be extended for more than five years, or for more than one year after the disability ends, whichever comes first.
If the person who caused the property damage leaves the state of Oregon before they can be served with the lawsuit, or if they take steps to conceal themselves within the state, the time of the absence or concealment probably won't be counted as part of the six-year filing period (the "clock" pauses during this time, in other words. (Oregon Revised Statutes section 12.150.)
Other circumstances may affect the Oregon statute of limitations, and how it's calculated. Do some research on your own, or talk to a local attorney for more details.
Many Oregon property damage lawsuits are filed in one of the state's circuit courts, which have the power to hear most civil cases. Circuit courts can be found in each of Oregon's 36 counties, which are grouped into 27 judicial districts across the state. Learn more about the Oregon Judicial Department and How to File a Case (from courts.oregon.gov). Chances are you'll file your property damage lawsuit in the county where the person you're suing lives, or where your property is (or was) located.
Yes. Small claims court is an option for your Oregon property damage case, as long as you're not seeking more than $10,000 in compensation. Learn more about filing a small claims case in Oregon.
If there's insurance coverage that applies to your property damage claim, handling the claim process on your own might make sense, at least at the outset. It can be tough to find an attorney for cases that involve only property damage. And paying for a lawyer might not even be worth it unless your losses are significant.
But an Oregon lawyer's help might be crucial if your case also involves personal injury or some other legal issue. Where the at-fault party's personal injury and property damage liability overlap, 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.
]]>In case you're not familiar with the term, a "statute of limitations" is a state law that affects a potential plaintiff's right to file a lawsuit, by putting a strict limit on how much time can pass before they can get the case started in court. Every state has these laws on the books, with different time limits depending on the kind of case being filed.
In Maryland, whether your potential case involves damage to real property (your house or your land, for example) or personal property (including damage to vehicles), it must be filed within three years, according to Maryland Courts & Judicial Proceedings Code Ann. section 5-101.
This three-year deadline is set by something of a "catch-all" statute of limitations that applies to cases not specifically mentioned elsewhere in Title 5 of Maryland's Courts & Judicial Proceedings Code, the set of laws that includes the filing deadlines for most civil lawsuits filed in the state's court system.
So, if a homeowner wants to bring a lawsuit for physical damage to the exterior of their house after a car crashes into it, that case must be brought within three years in Maryland. The same goes for a vehicle damage lawsuit after a car accident. In both situations, the statute of limitations "clock" usually starts ticking as soon as the property owner becomes aware (or should have become aware) that someone else caused damage to his or her property.
Get more details on how property damage claims work.
If you try to file your Maryland property damage lawsuit after the three-year filing window has closed, you can count on:
If your lawsuit is dismissed, you've lost your right to any legal remedy for your damaged property. That's why it's crucial to pay attention to (and comply with) the Maryland statute of limitations as it applies to property damage claims.
For most kinds of civil lawsuits in Maryland—including those arising from property damage—a number of situations could effectively extend the three-year lawsuit filing deadline that's set out in the statute of limitations. Let's look at a few of the most common of these.
If, at the time the damage occurs, the property owner is under the age of 18 or has been declared mentally incompetent, they're considered to be under a "legal disability" in Maryland. As a result, the three-year clock doesn't start running until the disability ends (meaning the property owner turns 18 or is declared competent). Note that the property owner's imprisonment or absence from the state won't count as a legal disability in Maryland.
This rule can be found at Maryland Courts & Judicial Proceedings section 5-201.
Another opportunity to extend the deadline might exist if the defendant is "absent from the state" of Maryland when the property damage cause of action "accrues," meaning when the property owner's right to file the lawsuit arises. In that situation, the property owner will have the full three years to file their lawsuit once the defendant returns to the state. (Maryland Courts & Judicial Proceedings Code section 5-205(b).)
Other circumstances may affect the computation of the Maryland statute of limitations. If you've got questions about the statute of limitations as it applies to your potential property damage lawsuit, an experienced Maryland attorney will have the answers.
Where you file your Maryland property damage lawsuit depends largely on how much compensation ("damages" in the language of the law) you're seeking from the person you're suing.
Many property damage lawsuits are filed in circuit court, which has the authority to hear most kinds of civil cases in Maryland.
If you're not asking for more than $30,000 in damages, you can file your property damage lawsuit in Maryland's district courts.
You'll likely file your lawsuit in the Maryland county where the defendant lives (or where its business is located), or where the property damage occurred.
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 small claims court in Maryland (from mdcourts.gov).
It typically 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 tough finding a lawyer who's willing to take a standalone property damage claim.
But reaching out to a Maryland lawyer in your area—even if it's 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.
]]>For those unfamiliar with the term, a "statute of limitations" is a law that affects the right to file a lawsuit, by putting a strict limit on how much time can pass before you need to get the case started (in Indiana that means filing a "petition" or "complaint" in court). Every state has these laws on the books, with different time limits depending on the kind of case being filed.
No. The statute of limitations only applies to lawsuits filed in court, not to an insurance claim for property damage. But if insurance coverage is in play in your situation, you'll want to get the claim process started as soon as possible, and leave plenty of time to take things to court (or at least preserve the leverage of the threat of litigation for settlement negotiations).
Let's look at the details of the lawsuit-filing deadline in Indiana.
In Indiana, the applicable filing deadline varies depending on whether your potential case involves real property (damage to your house or your land) or personal property (including vehicle damage):
For example, a lawsuit for vandalism damage to a house must be brought within six years in Indiana, while a vehicle damage lawsuit after a car accident must be brought within two years. In both situations, the statute of limitations "clock" usually starts ticking as soon as the property owner becomes aware (or should have become aware) that someone else caused damage to his or her property.
Whether it's the two-year or six-year deadline, if you try to file your Indiana property damage lawsuit after the filing window has closed, it's a near-certainty that:
If your lawsuit is dismissed, you've essentially lost your right to any legal remedy for your damaged property. That's why it's crucial to pay attention to and comply with the Indiana statute of limitations for property damage claims.
Get more details on how property damage claims work.
For most kinds of civil lawsuits in Indiana—including property damage claims—a number of situations could effectively extend the lawsuit filing deadline as laid out in the statute of limitations.
If the property owner is under a legal disability at the time the damage occurs (they're under the age of 18 or declared legally incompetent, for example), they'll have two years from the time the disability ends (they turn 18 or are declared competent, following those examples) to bring the lawsuit. (Indiana Code section 34-11-6-1.)
If the defendant conceals the property damage from the property owner, the statute of limitations clock doesn't begin to run until the owner discovers what happened. (Indiana Code section 34-11-5-1.)
If the defendant is a non-resident of the state of Indiana, and maintains no agent for service of process (and hasn't designated anyone else to accept service on their behalf). In that situation, the statute of limitations clock doesn't start ticking until the defendant returns to the state. (Indiana Code section 34-11-4-1.)
There are other situations that could extend the statute of limitations filing deadline, but they're too complex to explain here. If you've got questions about the statute of limitations as it applies to your property damage case, an experienced Indiana attorney will have the answers.
Yes. Small claims court is an option for your Indiana property damage case, as long as you're not seeking more than $6,000 ($8,000 in Marion County) from the defendant. Learn more about bringing a case in Indiana small claims court.
It can be a challenge to find a lawyer who's willing to take a standalone property damage claim, and paying for the lawyer's services might not be worth it, if the case is fairly straightforward and there's insurance coverage in play. Handling the claim process on your own, at least initially, might make the most sense.
But reaching out to an Indiana lawyer in your area might be a good idea if things get contentious. And a lawyer's help might be crucial if, on top of property damage, your case involves personal injury or some other legal issue. Get tips on finding the right lawyer for you and your case.
]]>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.
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.
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.
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.
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.)
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.
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.
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.
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.
]]>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.
In the sections that follow, we'll explain the filing deadline in Colorado (including when the "clock" starts ticking), the consequences of missing the deadline, and rare circumstances that might serve to extend the deadline.
Colorado Revised Statutes section 13-80-102 sets a two-year deadline for any lawsuit seeking compensation for the repair or replacement of damaged or destroyed property, whether it’s real property or personal property.
It's important to note that a special deadline applies if the property damage results from a motor vehicle accident. In that situation, the statute of limitations deadline is three years., according to Colorado Revised Statutes section 13-80-101.
For example, a Colorado lawsuit for vandalism damage to a house must be filed within two years, while a vehicle damage lawsuit after a car accident needs to be brought to court within three years.
So, when does the "clock" start running for purposes of the Colorado statute of limitations for property damage lawsuits? According to Colorado Revised Statutes section 13-80-108, the "cause of action...shall be considered to accrue" (meaning the right right to file the lawsuit arises and the two- or three-year time period starts) "on the date both the injury and its cause are known or should have been known by the exercise of reasonable diligence."
In other words, the statute of limitations clock starts ticking as soon as the property owner actually becomes aware (or could reasonably be expected to have become aware) that someone else caused damage to his or her property.
If you try to file your Colorado 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 settle, you still want to leave yourself plenty of time to file a lawsuit if you need to.
In a Colorado property damage lawsuit -- and most other kinds of civil lawsuits, for that matter -- a number of situations could pause ("toll" in legalese) or extend the lawsuit filing deadline set by the statute of limitations.
For example, when the defendant is out of state at the time the property damage lawsuit "accrues" so that serving the defendant with the lawsuit is not possible, or if the defendant has taken steps to conceal him/herself within the state, the statute of limitations "clock" will not begin to run until the defendant enters the state or ceases the concealment.
Similarly, if the defendant leaves the state for any period of time after the cause of action "accrues" (and can't be served) the period of absence won't be counted as part of the statute of limitations period.
Both of these rules can be found at Colorado Revised Statutes section 13-80-118.
Other exceptions may also apply to extend the Colorado statute of limitations time limit, but they're too complex to cover in this article. To learn the details of exceptions to the statute of limitations, especially if the filing deadline is fast approaching -- talk with an experienced Colorado attorney.
]]>For those unfamiliar with the term, a "statute of limitations" is a state law that puts a deadline on your right to file a lawsuit over any kind of legal dispute or harm suffered. Every state has passed these laws, and the time limits vary depending on the subject matter of the lawsuit.
Let's explain the filing deadline in Arizona, why this rule is so crucial to your rights, and touch on a few rare exceptions that could extend the filing deadline.
In Arizona, a two-year filing deadline applies to any lawsuit seeking the repair or replacement of damaged or destroyed property, whether your potential case involves real property (damage to your house or your land) or personal property (including vehicle damage). You'll find this law spelled out at Arizona Revised Statutes section 12-542.
The statute of limitations "clock" starts running on the day the property damage occurs. That means an Arizona property owner has two years from that date to get any civil lawsuit filed against the person who caused the damage or destruction.
It’s important to note that this two-year deadline applies any time you’re asking a court to award you monetary compensation for damaged or destroyed property, whether that claim is part of a larger legal action or a standalone lawsuit. Of course, given that the same statute of limitations applies to most injury-based lawsuits in Arizona, chances are that any case involving both personal injury and property damage (a car accident case for example) will be subject to the same two-year filing deadline.
Get more details on how property damage claims work.
If you try to file your Arizona property damage lawsuit after the two-year window has closed:
If that happens, you've lost your right to any legal remedy for your damaged property. So, even if you’re pretty sure your property damage dispute will be resolved out of court, you still want to leave yourself plenty of time to file a lawsuit if settlement talks break down. Otherwise, you've lost all your settlement negotiation leverage.
In a Arizona property damage lawsuit—and most other kinds of civil lawsuits, for that matter—a number of situations could pause (“toll” in legalese) or extend the lawsuit filing deadline set by the statute of limitations. These include:
Other exceptions may also act to extend the Arizona statute of limitations time limit, but they're too complex to cover in this article. If you've got questions about how the deadline applies to your case, an experienced Arizona attorney will have the answers.
Most property damage lawsuits are filed in Arizona Superior Court, which has the authority to hear most kinds of civil cases in the state. Each Arizona county has at least one if these courts. You'll likely file your lawsuit in county where the person you're suing lives.
Yes. Small claims court (called "Justice Court" in Arizona) is an option, as long as you're not seeking more than $3,500 as compensation ("damages" in the language of the law) for your damaged or destroyed property. Learn more about Arizona Small Claims (Justice) Court.
It typically 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 tough finding a lawyer who's willing to take a standalone property damage claim.
But reaching out to an Arizona lawyer in your area—even if it's 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.
]]>First things first: A "statute of limitations" is a state law that puts a deadline on your right to file a lawsuit over any kind of legal dispute or harm suffered. Every state has passed these laws, with time limits that vary depending on the subject matter of the lawsuit.
Let's look at the filing deadline in New York, why this rule is so crucial to your rights, and a few rare exceptions that could extend the filing deadline.
In New York, a three-year filing deadline applies to most lawsuits seeking the repair or replacement of damaged or destroyed property, whether your potential case involves:
You'll find this law at New York Civil Practice Law & Rules section 214.
Get the details on making a claim for property damage.
When a lawsuit claims that a construction defect resulted in property damage, the New York statute of limitations that applies will largely depend on whether the basis for the lawsuit is:
While a number of different statute of limitations deadlines might apply to a New York construction defect case, it can also be tricky to figure out exactly when the "clock" starts running in these kinds of lawsuits. When was the project "completed" for purposes of the law? Was the defect hidden ("latent") or fairly obvious?
Construction defect cases can get complicated, so talking with a New York lawyer might make sense if your property damage case looks like it might involve suing a builder or contractor. Learn more about legal issues related to home defects and damage, and get details on suing over new home construction defects in New York.
In most instances, the statute of limitations "clock" starts running on the day the property damage occurs. So a New York property owner usually has three years from that date to get any civil lawsuit filed against the person who caused the damage. But as with the construction defect scenario we discussed above, there might be situations where the property damage isn't discovered (and couldn't reasonably be discovered) right away, so exactly when the statute of limitations period starts might become a question for the court to rule on, after hearing arguments from both sides.
It’s important to note that this three-year deadline applies any time you’re asking a court to award you compensation for damaged or destroyed property, whether that claim is part of a larger legal action or a standalone lawsuit. Of course, given that the same statute of limitations applies to most injury-based lawsuits in New York, chances are that any case involving both personal injury and property damage (a car accident case for example) will be subject to the same three-year filing deadline.
If you try to file your New York property damage lawsuit after the three-year window has closed, 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 situations where an exception to the deadline applies (more on these in the next section), the court will grant the dismissal.
If that happens, you've lost your right to any legal remedy for your damaged property. So, even if you’re pretty sure your property damage dispute will be resolved out of court, you still want to leave yourself plenty of time to file a lawsuit if settlement talks break down. Otherwise, you've lost all your negotiation leverage.
Learn more about the statute of limitations deadline in civil cases.
In a New York property damage lawsuit—and most other kinds of civil lawsuits, for that matter—a number of situations could pause (“toll” in legalese) or extend the lawsuit filing deadline set by the statute of limitations. These include:
Other exceptions may also apply to extend the New York statute of limitations time limit, but they're too complex to cover in this article. Do your own research or talk to a New York attorney for the details.
Depending on how much compensation ("damages") you're asking for, you might file your New York property damage case in a number of different courts:
It can be challenging to find a lawyer who's willing to take a run-of-the-mill property damage case, so if your claim is fairly straightforward, it usually makes sense to handle it on your own, especially if there's an insurance policy in play. In that situation, it's often a good strategy to try getting a fair insurance settlement before filing a lawsuit in court.
If your case involves personal injury, a construction defect, or some other legal issue in addition to property damage, discussing your options with an experienced New York lawyer might be a good idea. Get tips on finding the right lawyer for you and your case.
]]>First, a little background, for those unfamiliar with the term. A "statute of limitations" is a state law that puts a limit on how much time can pass before you file a lawsuit, once you've been harmed or suffered some kind of loss. Every state has passed these laws, and the time limits vary depending on the subject matter of the lawsuit.
Let's look at the filing deadline in New Jersey, why this rule is so crucial to your rights, and a few rare exceptions that could extend the filing deadline, and where to file your property damage case.
In New Jersey, the filing deadline that applies to a property damage lawsuit is the same whether the plaintiff (the person filing the lawsuit) is seeking the repair or replacement of damaged or destroyed real property (like a house or other structure, or land itself) or personal property (including vehicle damage).
Specifically, New Jersey Revised Statutes section 2A:14-1 says that a lawsuit "for any tortious injury to real or personal property...shall be commenced within 6 years next after the cause of any such action shall have accrued." Here, "tortious" just means wrongful or negligent conduct.
So, any New Jersey property damage lawsuit must be filed within six years of the action that resulted in harm to (or destruction of) the property owner's real or personal property.
It's important to note that this filing deadline applies any time you’re asking a court to award you monetary compensation for damaged or destroyed property, whether that claim is part of a larger legal action or a standalone lawsuit.
Get the details on making a claim for property damage.
What if the filing deadline set by the statute of limitations has passed, but you try to file your property damage lawsuit anyway? In that situation, you can count on the defendant (the person you're trying to sue) asking the court to dismiss the case. And, except in rare instances where an exemption from the statute of limitations deadline applies (more on these exceptions in the next section), the court will almost certainly 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 settle, you still want to leave yourself plenty of time to file a lawsuit if you need to.
In any New Jersey property damage lawsuit—and most other kinds of civil lawsuits filed in the state matter—a few situations could pause (or "toll," in legalese) or extend the statute of limitations deadline. These include:
Other exceptions may also apply to extend the New Jersey statute of limitations time limit, but they're too complex to cover in this article. Do a little research of your own or talk with an experienced New Jersey attorney for the details.
Based on how New Jersey's civil court system is structured, the answer here typically depends on the amount of compensation you're seeking for damage to (or destruction of) your property. Let's look at the possibilities.
If your property damage losses look like they'll add up to less than $20,000, you'll likely file your lawsuit in New Jersey Superior Court's "special civil part."
If you're certain you'll be asking for more than $20,000 from the person you believe caused your property damage, regular New Jersey Superior Court is the right choice.
The county where the person you're suing lives (there's a Superior Court branch in each of the state's 21 counties) is typically the right place to file your case. Learn more about civil courts in New Jersey (from njcourts.gov).
You might want to consider New Jersey's small claims courts if your property damage was relatively minor and you're planning on seeking only $5,000 or less from the person you're suing. Learn more about small claims in New Jersey (from njcourts.gov).
It depends on a few factors. If your claim is fairly straightforward, it might make sense to handle it on your own if you're comfortable doing so. If there's an insurance policy in play, it's often a good strategy to try getting a fair insurance settlement before filing a lawsuit in court. Having a lawyer on your side is usually a good idea, but in reality it's not always easy to find a lawyer who's willing to take a run-of-the-mill property damage case.
If your case involves personal injury or some other legal issue in addition to property damage, discussing your options with an experienced New Jersey lawyer might make sense. Get tips on finding the right lawyer for you and your case.
]]>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, by putting a limit on how much time can pass before you have to file the case in court. Every state has passed these laws, and the time limits vary depending on the subject matter of the lawsuit.
In Texas, a two-year filing deadline applies to almost any lawsuit seeking the repair or replacement of damaged or destroyed property, whether it’s real property or personal property. You'll find this law at Texas Civil Practice & Remedies Code section 16.003, which says, "[A] person must bring suit for trespass for injury to the estate or to the property of another...not later than two years after the day the cause of action accrues."
That last part just means the case must be started within two years of the day on which the property is damaged or destroyed.
It's important to note that this two-year deadline applies in most situations where you’re asking a court to award you monetary compensation for damaged or destroyed property, whether that claim is part of a larger legal action (a car accident case that includes claims for both personal injury and vehicle damage, for example) or a standalone lawsuit.
Get more details on property damage and making a claim for compensation.
The standard two year deadline we discussed above might apply to a lawsuit over property damage resulting from a construction defect in Texas, if the basis for the lawsuit is the builder or contractor's negligence. A four year deadline might apply if the lawsuit is focused more on a broken contract or breached warranty stemming from the construction.
But it can be tricky to figure out exactly when the "clock" starts running in these kinds of cases. And there's an over-arching deadline that says most Texas construction defect lawsuits must be filed within ten years of the completion of the project, regardless of whether the problem was (or could reasonably have been) discovered before then.
Bottom line: This area of the law is complicated, and talking with a Texas lawyer might make sense if you think your property damage case involves a construction defect. Learn more:
If the two-year filing deadline has passed, but you try to file your property damage lawsuit anyway, the defendant (the person or organization 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.
In a Texas property damage lawsuit—and most other kinds of civil lawsuits, for that matter—a number of situations could pause ("toll" in legalese) or extend the lawsuit filing deadline set by the statute of limitations. These include:
Other exceptions may also apply to extend the Texas statute of limitations time limit, but they're too complex to cover in this article. Do a little research of your own or talk with an experienced Texas attorney for the details.
The answer here depends on how much compensation ("damages" in the language of the law) you're asking for from the person you're suing.
Most property damage lawsuits are filed in one of the more than 400 Texas "district" courts, which have jurisdiction over most civil trials in the state. Each Texas county is served by at least one district court, and your lawsuit will likely be filed in the district court that serves the county where the person you're suing lives.
Yes. Property damage lawsuits are common in small claims court in Texas, since the dollar limit for small claims cases is fairly high. As long as you're not seeking more than $20,000 as compensation for your damaged or destroyed property, Texas Justice Court—the court that handles small claims matters in Texas—is an option. Learn more about filing a case in Texas small claims court.
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 an experienced lawyer—if only to discuss your options—might be a good idea if, on top of your property damage, your case involves personal injury, a possible construction defect, or some other legal issue. Get tips on finding the right lawyer for you and your case.
]]>For those unfamiliar with the term, a "statute of limitations" is just 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 is allowed to pass before you file the case. Every state has passed these laws, and the time limits vary depending on the subject matter of the lawsuit.
In Ohio, the filing deadline that applies to a property damage lawsuit varies, depending on whether the plaintiff (the person filing the lawsuit) is seeking the repair or replacement of damaged or destroyed real property or personal property. And for property damage caused by a construction defect, a number of factors can dictate the applicable deadline.
The Ohio lawsuit filing deadline is four years from the date of any tort (wrongful action) that results in damage to real property (like a house or other structure, or land itself) (Ohio Revised Code section 2305.09).
For lawsuits over damage to personal property (including vehicle damage), Ohio Revised Code section 2305.10 says this kind of civil case must be filed within two years.
It's important to note that these filing deadlines apply any time you’re asking a court to award you monetary compensation for damaged or destroyed property, whether that claim is part of a larger legal action or a standalone lawsuit.
Get the details on making a claim for property damage.
The four year deadline we discussed above might apply to a lawsuit over real property damage resulting from a construction defect in Ohio, if the basis for the lawsuit is the builder or contractor's negligence. But a different deadline might apply if the lawsuit is focused more on a broken contract or breached warranty stemming from the construction.
Whichever filing deadline applies, it can be tricky to figure out exactly when the "clock" starts running in construction defect cases. And there's an over-arching deadline (called a "statute of repose" in the language of the law) that says most Ohio construction defect lawsuits must be filed within ten years of the completion of the project, regardless of whether the problem was (or could reasonably have been) discovered before then.
What's more, before you file any Ohio construction defect lawsuit, under Ohio Revised Code section 1312.03, the builder or contractor might have the legal right to:
Talking with an Ohio lawyer might make sense if you think your property damage case involves a construction defect, since this area of the law can get pretty complicated. Learn more about legal issues related to home defects and damage.
If the filing deadline set by the statute of limitations has passed, but you try to file your property damage lawsuit anyway, the defendant (the person or organization 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 your case is dismissed, 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 settle, you still want to leave yourself plenty of time to file a lawsuit if you need to.
Learn more about the statute of limitations deadline in civil cases.
In a Ohio property damage lawsuit—and most other kinds of civil lawsuits, for that matter—a number of situations could pause ("toll" in legalese) or extend the statute of limitations deadline. These include:
Other exceptions may also apply to extend the Ohio statute of limitations time limit, but they're too complex to cover in this article. Do some additional research or talk with an experienced Ohio attorney for the details.
Most Ohio property damage lawsuits are filed in the state's "Courts of Common Pleas," which hear all kinds of civil cases in which the plaintiff is asking for more than $5,000. Chances are, you'll file your property damage lawsuit in the court that serves the county where the person you're suing lives. Find courts in Ohio and learn more about the Ohio court system.
If you're not planning on asking for more than $6,000 as compensation for your property damage, you might want to consider the option of small claims court. Learn more about Ohio Small Claims Court.
It can be challenging to find a lawyer who's willing to take a run-of-the-mill property damage case, so if your claim is fairly straightforward, it usually makes sense to handle it on your own, especially if there's an insurance policy in play. In that situation, it's often a good strategy to try getting a fair insurance settlement before filing a lawsuit in court.
If your case involves personal injury, a construction defect, or some other legal issue in addition to property damage, discussing your options with an experienced Ohio lawyer might be a good idea. Get tips on finding the right lawyer for you and your case.
]]>First, we should translate the legalese: A "statute of limitations" is just a state law that limits how much time can pass before you can file a civil lawsuit in court. Every state has passed these laws, and the time limits vary depending on the subject matter of the lawsuit.
In Michigan, a three-year filing statute of limitations deadline applies to any lawsuit seeking the repair or replacement of damaged or destroyed property, whether whether your potential case involves real property (damage to your house or your land) or personal property (including vehicle damage).
This rule can be found at Michigan Compiled Laws section 600.5805.
It's important to note that this three-year deadline applies any time you’re asking a court to award you monetary compensation for damaged or destroyed property, whether that claim is a standalone lawsuit or part of a larger legal action (a car accident case that includes claims for both personal injury and vehicle damage, for example; although in Michigan, the same three-year deadline applies to both personal injuries and property damage).
If you try to file your Michigan property damage lawsuit after the three-year deadline has passed, the defendant (the person or organization 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 in the next section), the court is sure to grant the dismissal.
Once that happens, you've essentially lost your right to any legal remedy for your damaged or destroyed property. So, even if you’re convinced that your property damage case will settle out of court, you still want to leave yourself plenty of time to file a lawsuit if you need to.
In a Michigan property damage lawsuit—and most other kinds of civil lawsuits, for that matter—a number of situations could pause ("toll" in legalese) or extend the lawsuit filing deadline set by the statute of limitations. These include:
The Defendant's Absence From the State. If the defendant (the person you’re trying to sue) was (or is) out of the state for any part of the three-year period, and service of the lawsuit isn't possible, the time of absence will probably not be counted under the statute of limitations, as long as it's more than two consecutive months. (Michigan Compiled Laws section 600.5853)
Minor/Incapacitated Plaintiffs. If the property owner is under the age of 18 or has been declared legally incapacitated at the time of the property damage incident, the case can be brought after the three-year deadline has passed, but only within one year of the owner's turning 18 or being declared competent (or if a legally incompetent property owner has died, their representatives have one year to file the property damage lawsuit). (Michigan Compiled Laws section 600.5851)
Other exceptions may also apply to extend the Michigan statute of limitations time limit, but they're too complex to cover in this article. Do your own research or talk to an attorney for the details.
In Michigan, most property damage lawsuits are filed in the state's District Courts, which hear civil cases where less than $25,000 is being sought by the plaintiff.
If the amount you're seeking looks like it will be more than $25,000, Circuit Court is typically the right place to file your property damage lawsuit. Learn more about Michigan's court system (from courts.michigan.gov).
If you're not planning on asking for more than $6,500 as compensation for your damaged or destroyed property, you might consider small claims court, which in Michigan is run as a division of the state's district courts. Get more information on Small Claims in Michigan (from michiganlegalhelp.org).
If your property damage case is fairly straightforward, it usually makes sense to handle it on your own and try to get a fair settlement before you need to take the matter to court. It can even be a challenge finding a lawyer to take a run-of-the-mill property damage claim. But reaching out to an experienced lawyer—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 legal issue. Get tips on finding the right lawyer for you and your case.
]]>In case you’re not familiar with the term, a "statute of limitations" is a state law that puts 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.
Lawmakers in Minnesota have set a (fairly generous) six-year deadline for the filing of any lawsuit seeking compensation for the repair or replacement of damaged or destroyed property in the state, whether the case is over:
You can find this law at Minnesota Statutes section 541.05.
For example, a lawsuit for negligent damage to an apartment building roof and a vehicle damage lawsuit after a car accident both need to be brought to court within six years in Minnesota, 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 property damage and making a claim for compensation.
If you try to file your property damage lawsuit after the deadline set by the Minnesota statute of limitations 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 settle, and even though six years sounds like a long time, you still want to leave yourself plenty of time to file a lawsuit if you need to.
In a Minnesota property damage lawsuit—and most other kinds of civil lawsuits, for that matter—a number of situations could pause ("toll" in legalese) the statute of limitations clock, effectively extending the lawsuit filing deadline. Let's look at a few examples.
When the defendant Is out of the state for any period of time after the property damage occurs, and it's not possible to serve the lawsuit on them, in most instances the time of the defendant's absence won't be counted as part of the six-year statute of limitations period. (Minnesota Statutes section 541.13.)
If the property owner is under the age of 18 or has been declared legally incapacitated at the time the property damage occurs, or any time afterward, that kind of "legal disability" may suspend the running of the statute of limitations clock for a certain amount of time, but not for more than one year after the disability ceases (meaning the property owner turns 18 or is declared legally competent). (Minnesota Statutes section 541.15.)
Other circumstances may also act to effectively extend the six-year Minnesota statute of limitations time limit, but they're too complicated to explain in this article. Do your own research or talk to an attorney for the details.
Minnesota's District Courts (also known as "trial" courts) have the power to hear most civil lawsuits in the state. In most situations, you'll file your property damage lawsuit in the Minnesota county where the person you're suing lives. Learn more about Minnesota's court system (from mncourts.gov).
Yes. If you're not seeking more than $15,000 from the at-fault party as compensation for your property damage losses, you can file a small claims action in Minnesota's Conciliation Court.
If your property damage case is fairly straightforward, it usually makes sense to handle it on your own and try to get a fair settlement before you need to take the matter to court. It can even be a challenge finding a lawyer to take a run-of-the-mill property damage claim.
But reaching out to an experienced lawyer—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 legal issue. Get tips on finding the right lawyer for you and your case.
]]>In case you’re not familiar with the term, a "statute of limitations" is a law that affects your right to file a lawsuit, by putting a limit on how much time can pass before you must file the case in court. Every state has passed these laws, with time limits that vary depending on the subject matter of the lawsuit.
In Illinois, a five-year filing deadline applies to any lawsuit seeking the repair or replacement of damaged or destroyed property, whether it’s:
Specifically, the Illinois Compiled Statutes say that any lawsuit "to recover damages for an injury done to property, real or personal" is subject to this five-year time limit. (735 ILCS 5/13-205)
It's important to note that this five-year deadline applies any time you’re asking a court to award you monetary compensation for damaged or destroyed property, whether that claim is part of a larger legal action (a car accident case that includes claims for both personal injury and vehicle damage, for example) or a standalone lawsuit.
Get more details on how property damage claims work.
No, the statute of limitations only applies to lawsuits filed in court, not to insurance claims involving property damage. But if insurance coverage is in play, you'll want to get the claim process started as soon as possible, and leave yourself plenty of time to take your property damage case to court if you need to (or at least preserve the court option as leverage during settlement negotiations).
If you try to file your Illinois property damage lawsuit after the five-year deadline has passed, chances are good that:
If your case is dismissed, you'll be left without any kind of legal remedy for your damaged or destroyed property.
In any Illinois lawsuit over property damage—and most other kinds of civil cases—a number of circumstances could pause ("toll" in legalese) or extend the lawsuit filing deadline set by the statute of limitations. These include:
Other exceptions (too complex to cover in this article) may also apply to extend the Illinois statute of limitations time limit. If you've got questions about the filing deadline as it applies to your property damage case, an Illinois attorney will have the answers.
Yes. Small claims court is an option for your Illinois property damage case, as long as you're not seeking more than $10,000 from the defendant (the person or business you're suing). Learn more about bringing a case to Illinois small claims court.
If you've got a standalone property damage claim, and there's insurance coverage in play, then handling the claim process on your own might make the most sense. It can even be a challenge to get an attorney to agree to represent you in a case that only involves property damage, and paying for a lawyer might not be worth it.
But reaching out to an Illinois lawyer in your area might be a good idea if things get contentious. And a lawyer's help might be crucial if, on top of property damage, your case involves personal injury or some other legal issue. In that situation (where the at-fault party's personal injury and property damage liability overlap) the lawyer might also agree to take your case on a contingency fee basis, meaning you don'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.
]]>