Statute of limitations in Delaware
2 yearsPersonal injury deadline
2 years (10 Del. C. 8119)1
The details
- Personal injury
- 2 years from the date it is claimed the alleged personal injuries were sustained (10 Del. C. 8119).1
- Property damage
- 2 years for injury to personal property (10 Del. C. 8107). 3 years for trespass (10 Del. C. 8106(a)).1
- Written contract
- 3 years for an action based on a promise (10 Del. C. 8106(a)).1
- Oral contract
- 3 years for an action based on a promise (10 Del. C. 8106(a)).1
The sources we read do not say: medical malpractice, defamation, fraud, debt collection (open account), claims against the state government (notice deadline).
Deadlines usually run from the date of the harm or its discovery, and many exceptions apply. A lawyer can tell you how they apply to you.
Sources
- Delaware Code Title 10, Chapter 81, Personal Actions, Delaware General Assembly, checked 2 November 2026
Checked 2 November 2026. "Secondary" marks a source used only because the official page could not be read.