Wrongful Death Statute of Limitations in Delaware
Last verified 2026-07 · Source: 10 Del. C. § 8107; 10 Del. C. § 3724 ✓ verified · 3 sources
The deadline
2 years
from Date the cause of action accrues (typically date of death), under 10 Del. C. § 8107; 10 Del. C. § 3724.
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The deadline to file a wrongful death lawsuit in Delaware is 2 years, set by 10 Del. C. § 8107; 10 Del. C. § 3724. It starts running on Date the cause of action accrues (typically date of death). This page covers the exceptions, the government-claim trap, and the steps to take before time runs out.
Delaware Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Wrongful Death | 2 years | 10 Del. C. § 8107; 10 Del. C. § 3724 |
| 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 |
| Personal Injury | 2 yrs | Del. Code Ann. tit. 10, § 8119 |
| 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 wrongful death claims generally begins on Date the cause of action accrues (typically date of death). Delaware does not apply a general discovery rule to this claim type — the date of the event controls, which makes early action critical.
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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: Under 10 Del. C. § 4013, county and municipal tort claims are capped at $300,000 for all claims from a single occurrence. Notice may be required by local ordinance but cannot bar suit if given within 1 year of occurrence. State employees have qualified immunity for good-faith acts under 10 Del. C. § 4001.
- Damage caps: No general cap on wrongful death damages. Government entity claims capped at $300,000 per occurrence under 10 Del. C. § 4013 (county/municipal). Funeral expenses limited to $7,000 or amount in 29 Del. C. § 5546(a), whichever is greater.
Action may be brought by spouse, parent, child, or sibling of deceased (§ 3724(a)). If none survive, any blood or marriage relative may file (§ 3724(b)). Punitive damages available only if death resulted from maliciously intended or reckless, willful, or wanton misconduct, requiring separate jury findings. Survival action governed by Subchapter I of Chapter 37.
Source: 10 Del. C. § 8107; 10 Del. C. § 3724, 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 | 10 Del. C. § 8107; 10 Del. C. § 3724 |
| Maryland | 3 yrs | Md. Code, Cts. & Jud. Proc. § 3-901 through § 3-904 |
| Pennsylvania | 2 yrs | 42 Pa. Cons. Stat. § 5524(2) |
| New Jersey | 2 yrs | N.J. Stat. § 2A:31-3 |
Frequently Asked Questions
How long do I have to file a wrongful death lawsuit in Delaware?
You have 2 years from Date the cause of action accrues (typically date of death), under 10 Del. C. § 8107; 10 Del. C. § 3724.
Can I still sue after 2 years in Delaware?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
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?
Under 10 Del. C. § 4013, county and municipal tort claims are capped at $300,000 for all claims from a single occurrence. Notice may be required by local ordinance but cannot bar suit if given within 1 year of occurrence. State employees have qualified immunity for good-faith acts under 10 Del. C. § 4001.
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Sources
- Official Delaware Code Title 10, Chapter 37, Subchapter II - Wrongful Death Actions
- Corroborating Justia - 10 Delaware Code § 8107 (2025) - Actions subject to 2-year limitation
- Corroborating Nolo - Wrongful Death Lawsuits in Delaware
- 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.