Personal Injury Statute of Limitations in Delaware
Last verified 2026-07 · Source: Del. Code Ann. tit. 10, § 8119 ✓ verified · 3 sources
The deadline
2 years
from Date of injury, or when claimant knew or should have known of the injury and its cause, under Del. Code Ann. tit. 10, § 8119.
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Under Del. Code Ann. tit. 10, § 8119, you have 2 years from Date of injury, or when claimant knew or should have known of the injury and its cause to file a personal injury lawsuit in Delaware. Miss it and you lose the right to sue — but several Delaware-specific exceptions can extend (or shorten) that window, detailed below.
Delaware Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Personal Injury | 2 years | Del. Code Ann. tit. 10, § 8119 |
| Car Accident | 2 yrs | 10 Del. C. § 8119 |
| Credit Card Debt | 3 yrs | 10 Del. C. § 8106(a) |
| Medical Malpractice | 2 yrs | 18 Del. C. § 6856 |
| Wrongful Death | 2 yrs | 10 Del. C. § 8107; 10 Del. C. § 3724 |
| Dog Bite | 2 yrs | 10 Del. C. § 8119 (2-year personal injury SOL); no specific strict liability dog bite statute — common law negligence/one-bite rule applies |
| Slip and Fall | 2 yrs | Del. Code Ann. tit. 10, § 8119 |
| Defamation | 2 yrs | 10 Del. C. § 8119 |
| Breach of Contract | 3 yrs | Del. Code tit. 10 § 8106 |
| Medical Debt | 3 yrs | Del. Code Ann. tit. 10, § 8106 |
When the Clock Starts
In Delaware, the limitations period for personal injury lawsuits generally begins on Date of injury, or when claimant knew or should have known of the injury and its cause. Delaware recognizes a discovery rule for this claim type: Delaware applies the discovery rule; the 2-year period may begin when the plaintiff knew or reasonably should have known of the injury and its negligent cause. Courts apply a reasonable diligence standard.
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: Written notice of claim required within 60 days for county and municipal entity claims (Del. Code tit. 10, § 4013); state claims governed by State Tort Claims Act
- Damage caps: No statutory cap on compensatory damages for general personal injury
Modified comparative fault — plaintiff barred if 51% or more at fault (Del. Code tit. 10, § 8132). Delaware Tort Claims Act provides qualified immunity for state and local government employees acting within scope of duty.
Source: Del. Code Ann. tit. 10, § 8119, official Delaware statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Delaware government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Delaware Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Delaware | 2 years | Del. Code Ann. tit. 10, § 8119 |
| Maryland | 3 yrs | Md. Code, Cts. & Jud. Proc. § 5-101 |
| Pennsylvania | 2 yrs | 42 Pa. Cons. Stat. § 5524(2) |
| New Jersey | 2 yrs | N.J. Stat. Ann. § 2A:14-2(a) |
Frequently Asked Questions
How long do I have to file a personal injury lawsuit in Delaware?
You have 2 years from Date of injury, or when claimant knew or should have known of the injury and its cause, under Del. Code Ann. tit. 10, § 8119.
Can I still sue after 2 years in Delaware?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (the discovery rule, tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
Does the discovery rule apply to personal injury lawsuits in Delaware?
Yes. Delaware applies the discovery rule; the 2-year period may begin when the plaintiff knew or reasonably should have known of the injury and its negligent cause. Courts apply a reasonable diligence standard.
What if the victim was a minor?
Delaware generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
Written notice of claim required within 60 days for county and municipal entity claims (Del. Code tit. 10, § 4013); state claims governed by State Tort Claims Act
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Sources
- Official Del. Code Ann. tit. 10, § 8119 — Personal injuries, Chapter 81 (Delaware Code Online)
- Corroborating Delaware Personal Injury Laws and Statutes of Limitations (Nolo)
- Corroborating Del. Code Ann. tit. 10, § 8119 (Justia)
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Delaware attorney.