Parker Waichman Alonso, LLP - www.statutes-of-limitations.com

DELAWARE

Negligence / Personal Injury

2 Years 2 years from date of injury. Discovery Rule applies.

Products Liability

2 Years 2 years from date injury sustained. Discovery Rule applies.

Wrongful Death

2 Years 2 years from accrual with Discovery Rule

Medical Malpractice

2 Years 2 years from date of injury, with Discovery Rule of no more than 3 years from malpractice.

Tolls: Children under age 6 have 2 years, or until their 6 th birthday, to bring claim.

Damages: Several special rules apply to compensatory and punitive damage awards in medical malpractice.

Other Statutes of Limitations

8 months against defendant’s estate for claims arising before death.

Discovery Rule

Statute of Limitations runs from time injury is, or should have been, discovered. See specific rules above.

Disabilities

Infants (18 th birthday), incompetents, or insane persons allowed 3 years after disability ceases to commence action.

Charitable Immunity

Abolished

Comparative Negligence

Pure comparative negligence applies.

Sovereign Immunity

Waived but only for actions in state court and only when claim is covered by state insurance program.

Punitive Damages

Allowed where act is malicious, willful, or wanton.

Consumer Fraud Complaint

Delaware Consumer Protection Unit
http://www.state.de.us/attgen/fraud/consumerprotection/consumerprotection.htm
(302)577-8600
(800)220-5424 (toll-free in Delaware)