What Is the Statute of Limitations for Personal Injury in Delaware?
In Delaware, the statute of limitations for personal injury is generally 2 years under 10 Del. C. § 8119.
Personal injury Deadlines in Delaware
How long do you have to file a personal injury claim in Delaware?
In Delaware, the statute of limitations for personal injury is generally 2 years under 10 Del. C. § 8119.
When does the clock start for personal injury in Delaware?
Two years from the date of injury.
Can the Delaware deadline for personal injury be extended?
Read § 8106 and § 8119 together. Section 8106 appears to give three years to "damages caused by an injury unaccompanied with force or resulting indirectly from the act of the defendant," but its own closing words defer to § 8119. Quoting § 8106 alone produces the wrong answer for a personal injury claim.
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 personal injury?
Delaware's 2 years is in the middle of the range nationally. Across the 51 jurisdictions with a verified figure, the deadline for personal injury ranges from 1 year to 6 years, and 2 years is the most common. Compare all states →
What Does Personal Injury Cover?
Situations that typically fall under the personal injury deadline in Delaware:
