When a property gets damaged in Rhode Island, a clock starts to countdown. The countdown is how long you have to file a property damage claim based on someone else’s carelessness or intentional action against your property. It is vital to file your lawsuit before the statute of limitations. For help understanding how long you have to file a claim, contact the property damage lawyers at PALUMBO LAW for guidance and help to file the claim.
What Does the Term Statute of Limitations Mean?
Before looking into how long you have to file a proper damage claim in Rhode Island, you must first understand the term “statute of limitations.” Essentially, this term is a state law that sets a strictly enforced deadline on how much time can pass before you must file a claim or court case. If you miss the deadline, you give up your right to bring your case to court or file legal action against another party. Every state has its statute of limitations for various items on the books, and a property lawyer RI can help determine the statute of limitations for your property damage claim.
How Long Do You Have to File a Property Damage Claim in Rhode Island?
In Rhode Island, you must file your claim or case with the state’s civil court system within ten years of the incident. The statute of limitations is a “catch-all” deadline for filing civil lawsuits in the state under Rhode Island General Laws Section 9-1-13(a). If you have had physical damage done to your home or property at someone else’s hands, regardless of if it was due to their negligence or intentionally, the case must be filed within those ten years. This statute of limitations includes vehicle damage claims resulting from an auto accident.
What Happens if I Miss the Filing Deadline in Rhode Island?
If you happen to miss the deadline for filing your property damage claim in Rhode Island, the defendant (the person you are filing the lawsuit against) may file a motion asking the court to dismiss the case. Unless there are rare circumstances to allow an extension of the statute of limitations, the judge will most likely grant the dismissal. A property damage attorney can help you determine when the deadline is and, if it has passed, can help guide you through various possibilities regarding your claim.
Extending the Personal Injury Lawsuit Claims Deadline in Rhode Island
Under exceptional circumstances, a judge may issue an extension to the two-year deadline for your property damage claim. It is infrequent to receive an extension; however, an extension may be granted if the property owner is underage or of unsound mind during the two years.
How an Attorney Can Help
A property attorney RI can help determine if the deadline to file your claim has passed. They can also help file all necessary paperwork with the courts on time and properly completed. The attorney will appear in court with you and handle all communication regarding your property damage case.
If the case is dismissed due to failure to meet the statute of limitations, your attorney can help guide you through what to do next. Lawyers for property damage can also help refile any necessary paperwork to appeal the court’s decision regarding the statute of limitations. In rare situations, a two-year extension may be granted, and the attorney can help determine if it is possible
If you have suffered property damage through another person’s negligence or intentional actions, call the Cranston RI property damage lawyers at PALUMBO LAW. Our attorneys can help determine the deadline for your case and help file the paperwork. Call us today to schedule a consultation and learn how we can help.