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DELAWARE

Negligence / Personal Injury
2 Years from date of injury. Discovery Rule applies.
Wrongful Death
2 Years from accrual with Discovery Rule.
Medical Malpractice
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 6th birthday, to bring claim. Damages: Several special rules apply to compensatory and punitive damage awards in medical malpractice.
Malpractice (Other Professions)
Products Liability
2 Years from date injury sustained. Discovery Rule applies.
Intentional Torts
Municipal Liability/Sovereign Immunity
Waived but only for actions in state court and only when claim is covered by state insurance program.
Discovery Rule
SOL runs from time injury is, or should have been, discovered. See specific rules above.
Comparative Negligence
Pure comparative negligence applies.
Charitable Immunity
Abolished
Disabilities
Infants (18th birthday), incompetents, or insane persons allowed 3 years after disability ceases to commence action.
Punitive Damages
Allowed where act is malicious, willful, or wanton.
No-Fault Insurance
Applies
Other Relevant Information
8 months against defendant's estate for claims arising before death.
Consumer Fraud Complaint
Delaware Consumer Protection Unit
http://attorneygeneral.delaware.gov/consumers/protection/safeguarding.shtml
(302)577-8600
(800)220-5424 (toll-free in Delaware)

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