Delaware Statute of Limitations (2026)
Civil filing deadlines in Delaware under 10 Del. C. ch. 81 — two years for personal injury, three for contract, and an archaically drafted general section that still governs most commercial disputes.
✓ Last verified: Sep 2026
Common Questions About Delaware Deadlines
What is the statute of limitations in Delaware?
It depends on the type of claim. Delaware filing deadlines range from 2 years to 3 years — for example, personal injury 2 years, breach of a written contract 3 years, medical malpractice 2 years.
How long do you have to file a personal injury lawsuit in Delaware?
2 years under 10 Del. C. § 8119. Two years from the date of injury. Full personal injury rules →
What is the statute of limitations for wrongful death in Delaware?
2 years under 10 Del. C. § 8107. Two years from when the cause of action accrues — usually the date of death. Full wrongful death rules →
What is the statute of limitations for medical malpractice in Delaware?
2 years under 18 Del. C. § 6856. Two years from the date the injury was discovered or should have been discovered, with an absolute cap of three years from the act or omission. Full medical malpractice rules →
What is the statute of limitations for breach of contract in Delaware?
3 years under 10 Del. C. § 8106(a). Three years from breach — short by national standards. Full breach of a written contract rules →
What is the statute of limitations for property damage in Delaware?
2 years under 10 Del. C. § 8107. Two years for injury to personal property. Full property damage rules →
Do you have to notify the government before suing in Delaware?
Often, yes. Notice within 1 year for municipal claims under 10 Del. C. § 8124. This is usually much shorter than the ordinary deadline.