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What Is the Statute of Limitations for Assault And Battery in Delaware?

In Delaware, the statute of limitations for assault and battery is generally 2 years under 10 Del. C. § 8119.

2 YEARS
Assault & Battery · Delaware
✓ Verified Checked Sep 2026

Assault and battery Deadlines in Delaware

How long do you have to file a assault and battery claim in Delaware?

In Delaware, the statute of limitations for assault and battery is generally 2 years under 10 Del. C. § 8119.

When does the clock start for assault and battery in Delaware?

Two years, under the personal injury provision.

Can the Delaware deadline for assault and battery be extended?

A criminal prosecution does not pause the civil clock.

Is the deadline different if the claim is against the government in Delaware?

Often, yes. Notice within 1 year for municipal claims under 10 Del. C. § 8124. Section 8124 requires notice of a claim against a municipality within one year of the occurrence. The County and Municipal Tort Claims Act, 10 Del. C. ch. 40, governs governmental immunity and limits the categories of claim that may be brought at all. Not conf…

How does Delaware compare to other states for assault and battery?

Delaware's 2 years is in the middle of the range nationally. Across the 49 jurisdictions with a verified figure, the deadline for assault and battery ranges from 1 year to 6 years, and 2 years is the most common. Compare all states →

What Does Assault & Battery Cover?

Situations that typically fall under the assault and battery deadline in Delaware:

01 Physical attacks causing injury
02 Intentional harmful or offensive contact
03 Threats that placed someone in fear of harm
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Other Filing Deadlines in Delaware

Statutes of limitations have exceptions, and courts apply them to specific facts. This page states the general rule. A licensed Delaware attorney can tell you the deadline that applies to your situation.
See every filing deadline in Delaware, or compare assault and battery across all states.
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