What is the Property Damage Statute of Limitations in Wisconsin?

Any time someone else's negligent or intentional action causes damage to your property in Wisconsin, you might have the right to file a property damage claim or lawsuit and try to get compensation for your losses. If you find yourself in this situation, it's important to understand Wisconsin's statute of limitations for these kinds of cases.

What Is a "Statute of Limitations"?

A "statute of limitations" is a law that puts a strictly-enforced limit on the amount of time that can pass between:

• the occurrence of some kind of wrongdoing that harms you (financially, physically, or otherwise), and
• when you must file a lawsuit in court asking for a legal remedy for that wrongdoing.

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.

What's the Property Damage Lawsuit Filing Deadline In Wisconsin?

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."

Wisconsin's Special Statute of Limitations Deadline for Property Damage Caused By a Car Accident

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.

What If I Miss the Lawsuit-Filing Deadline in Wisconsin?

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.

Extending the Statute of Limitations Deadline In Wisconsin

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.

When the Property Owner Is Under a "Legal Disability"

Special rules usually apply if, at the time the property damage occurs, the property owner is:

• under the age of 18, or
• mentally ill.

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:

• an extension for mental illness can't be granted if more than five years have passed since the underlying property damage occurred, and
• the extension for minors will effectively expire on the property owner's 20th birthday.

When the Defendant Is Out of the State

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.

Where Do I File a Property Damage Lawsuit In Wisconsin?

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).

Can I Bring a Property Damage Case to Small Claims Court In Wisconsin?

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.

Do I Need a Lawyer for a Wisconsin Property Damage Claim?

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.