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Delaware Statute of Limitations

Delaware Statute of Limitations

NOTE: In response to the COVID-19 pandemic, all court deadlines and statutes of limitations set to expire between March 23 and June 13, 2020, in the state of Delaware were extended to July 1, 2020.

Slowdowns in the progress of cases through the court system are to be expected as the courts reopen.

What Is the Delaware Statute of Limitations?

For civil claims, the statute of limitations in Delaware is most commonly three years, though it will vary depending on the specific type of case. Similarly, the statute of limitations in Delaware for criminal offenses ranges from two years for minor misdemeanors to ten years or more for more serious offenses.

Claim

Statute of Limitations

Negligence/Personal Injury

2 years

Fraud

3 years

Toxic Tort

3 years

Wrongful Death

2 years

Medical Malpractice

2 years

Negligence/Personal Injury

2 Years

“No action for the recovery of damages upon a claim for alleged personal injuries shall be brought after the expiration of 2 years from the date upon which it is claimed that such alleged injuries were sustained; subject, however, to the provisions of § 8127 of this title.” (Del. Code Ann. Tit. 10, § 8119)

What Is the Delaware Statute of Limitations for Fraud?

The statute of limitations for fraud in Delaware is three years. This statute applies to claims of common-law fraud and mismanagement and breach of fiduciary duty. (Del. Code Ann. Tit. 10, § 8106)

The limitations period begins to run when a person knows or has reason to know that a wrong has been committed. (Pack & Process, Inc. v. Celotex Corp., 503 A.2d 646, 650 (Super. Ct. Del. 1985))

Toxic Tort

2 Years

“No action for the recovery of damages upon a claim for alleged personal injuries shall be brought after the expiration of 2 years from the date upon which it is claimed that such alleged injuries were sustained; subject, however, to the provisions of § 8127 of this title.” (Del. Code Ann. Tit. 10, § 8119)

“The limitations period does not begin to run until the plaintiffs were on notice that the injury may be tortuously caused by the defendant’s product.” (Brown v. E.I. duPont de Nemours and Co., Inc., 820 A.2d 362, 369 (Del. 2003))

Statute of Repose for Construction Defects

The statute of repose for cases based on construction defects is six years from substantial completion of the improvement to real property. (10 Del. C. § 8127)

Wrongful Death

2 Years

“No action to recover damages for wrongful death or for injury to personal property shall be brought after the expiration of 2 years from the accruing of the cause of such action.” (Del. Code Ann. Tit. 10, § 8107)

What Is the Delaware Statute of Limitations for Medical Malpractice?

The Delaware medical malpractice statute of limitations is two years from the date of the incident in question, though it may be extended by the discovery rule.

“No action for the recovery of damages upon a claim against a health-care provider for personal injury, including personal injury which results in death, arising out of medical negligence shall be brought after the expiration of 2 years from the date upon which such injury occurred; provided, however, that:

“(1) Solely in the event of personal injury the occurrence of which, during such period of 2 years, was unknown to and could not in the exercise of reasonable diligence have been discovered by the injured person, such action may be brought prior to the expiration of 3 years from the date upon which such injury occurred, and not thereafter.” (Del. Code Ann. Tit. 18, § 6856)

Product Liability

2 Years

“No action for the recovery of damages upon a claim for alleged personal injuries shall be brought after the expiration of 2 years from the date upon which it is claimed that such alleged injuries were sustained; subject, however, to the provisions of § 8127 of this title.” (Del. Code Ann. Tit. 10, § 8119)

Discovery Rule

“The statute of limitations does not begin to run until a party knows or has reason to know that he/she has been injured.” (Morton v. Sky Nails, 884 A.2d 480, 481 (Del. 2005))

Claims Against a Deceased Defendant

Plaintiffs have eight months after a deceased defendant’s death to file claims against their estate over actions before their death.

What Is the Statute of Limitations on Debt in Delaware?

The statute of limitations for debt in Delaware generally allows creditors three years to take legal action. However, there are a few exceptions. Credit cards, for instance, have a four-year limit, and judgments have a 20-year limit.

Municipal Liability/Sovereign Immunity

The state waives its right to sovereign immunity only for actions in state court and only when the claim is covered by the state insurance program.

Discovery Rule

Statutes of limitations generally run from the time the injury is or should have been discovered.

Comparative Negligence

Pure comparative negligence applies in Delaware.

Charitable Immunity

Delaware does not offer immunity from prosecution to charitable entities.

Legal Disabilities

Plaintiffs younger than 18, incompetents or insane plaintiffs are allowed three years after this legal disability ceases to commence action.

Punitive Damages

Punitive damages are allowed in cases where the act is malicious, willful or wanton.

No-Fault Insurance

Delaware is a no-fault state.

Consumer Fraud Complaints

Consumers can file fraud complaints with the state Department of Justice’s Consumer Protection Unit online or contact them by phone at (302) 577-8600 or 1-800-220-5424.

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Jurisdiction List

  • Alabama Statute of Limitations
  • Alaska Statute of Limitations
  • Arizona Statute of Limitations
  • Arkansas Statute of Limitations
  • California Statute of Limitations
  • Colorado Statute of Limitations
  • Connecticut Statute of Limitations
  • Delaware Statute of Limitations
  • Florida Statute of Limitations
  • Georgia Statute of Limitations
  • Hawaii Statute of Limitations
  • Idaho Statute of Limitations
  • Illinois Statute of Limitations
  • Indiana Statute of Limitations
  • Iowa Statute of Limitations
  • Kansas Statute of Limitations
  • Kentucky Statute of Limitations
  • Louisiana Statute of Limitations
  • Maine Statute of Limitations
  • Maryland Statute of Limitations
  • Massachusetts Statute of Limitations
  • Michigan Statute of Limitations
  • Minnesota Statute of Limitations
  • Mississippi Statute of Limitations
  • Missouri Statute of Limitations
  • Montana Statute of Limitations
  • Nebraska Statute of Limitations
  • Nevada Statute of Limitations
  • New Hampshire Statute of Limitations
  • New Jersey Statute of Limitations
  • New Mexico Statute of Limitations
  • New York Statute of Limitations
  • North Carolina Statute of Limitations
  • North Dakota Statute of Limitations
  • Ohio Statute of Limitations
  • Oklahoma Statute of Limitations
  • Oregon Statute of Limitations
  • Pennsylvania Statute of Limitations
  • Puerto Rico Statute of Limitations
  • Rhode Island Statute of Limitations
  • South Carolina Statute of Limitations
  • South Dakota Statute of Limitations
  • Tennessee Statute of Limitations
  • Texas Statute of Limitations
  • Utah Statute of Limitations
  • U.S. Virgin Islands Statute of Limitations
  • Vermont Statute of Limitations
  • Virginia Statute of Limitations
  • Washington Statute of Limitations
  • Washington D.C. Statute of Limitations
  • West Virginia Statute of Limitations
  • Wisconsin Statute of Limitations
  • Wyoming Statute of Limitations

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