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

DELAWARE

Negligence / Personal Injury

years from date of injury. Discovery Rule applies.

Wrongful Death

years from accrual with Discovery Rule.

Medical Malpractice

2 years from date of injury, with Discovery Rule. SOR: 3 years from malpractice. Tolls: Children under age 6 have 2 years, or until their 6th birthday, to bring claim, whichever is later except, that statute of limitations may be tolled for up to 90 days after two years to investigate upon sending notice of intent to investigate to each potential defendant. Damages: Several special rules apply to compensatory and punitive damage awards in medical malpractice.

Malpractice (Other Professions)

years

Products Liability

years from date injury sustained. Discovery Rule applies.

Intentional Torts

years

Municipal Liability/Sovereign Immunity

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

Discovery Rule

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

Punitive Damages

Allowed where act is malicious, willful, or wanton.

Caps:
No mandated limit.

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)