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.
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Claim |
Statute of Limitations |
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2 years | |
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3 years | |
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3 years | |
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2 years | |
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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.