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What Is the Statute of Limitations for Wrongful Death in Delaware?

In Delaware, the statute of limitations for wrongful death is generally 2 years under 10 Del. C. § 8107.

2 YEARS
Wrongful Death · Delaware
✓ Verified Checked Sep 2026

Wrongful death Deadlines in Delaware

How long do you have to file a wrongful death claim in Delaware?

In Delaware, the statute of limitations for wrongful death is generally 2 years under 10 Del. C. § 8107.

When does the clock start for wrongful death in Delaware?

Two years from when the cause of action accrues — usually the date of death.

Can the Delaware deadline for wrongful death be extended?

The two-year figure is well reported but the section number does not match the text I could read. Confirm which provision actually supplies the wrongful death period before publishing a citation.

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 wrongful death?

Delaware's 2 years is in the middle of the range nationally. Across the 50 jurisdictions with a verified figure, the deadline for wrongful death ranges from 1 year to 3 years, and 2 years is the most common. Compare all states →

What Does Wrongful Death Cover?

Situations that typically fall under the wrongful death deadline in Delaware:

01 Fatal vehicle or workplace accidents
02 Death from medical negligence
03 Death caused by a defective product
04 Death from criminal or intentional acts
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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 wrongful death across all states.
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