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.
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:
