Delaware Statute of Limitations
Time limits for filing civil lawsuits in Delaware. The statute of limitations varies by claim type. Once the deadline passes, you generally cannot file suit.
Data last updated: Apr 16, 2026Key Takeaways
- Written Contracts: 3 years (Del. Code tit. 10, § 8106).
- Oral Contracts: 3 years (Del. Code tit. 10, § 8106).
- Personal Injury: 2 years (Del. Code tit. 10, § 8119).
- Property Damage: 2 years (Del. Code tit. 10, § 8119).
Delaware Statute of Limitations by Claim Type
| Claim Type | Time Limit | Statute | Notes |
|---|---|---|---|
| Written Contracts | 3 years | Del. Code tit. 10, § 8106 | Accrues on the date of breach. |
| Oral Contracts | 3 years | Del. Code tit. 10, § 8106 | Same period as written contracts. |
| Personal Injury | 2 years | Del. Code tit. 10, § 8119 | Accrues on the date of injury. |
| Property Damage | 2 years | Del. Code tit. 10, § 8119 | Accrues when damage occurs. |
| Medical Malpractice | 2 years | Del. Code tit. 18, § 6856 | 2 years from the date of injury. Discovery rule extends to 3 years from the act in some cases. |
| Debt Collection | 3 years | Del. Code tit. 10, § 8106 | 3 years for all debt types. |
| Fraud | 3 years | Del. Code tit. 10, § 8106 | 3 years from discovery of the fraud. |
General Notes for Delaware
Delaware has relatively short statutes of limitations, with 3 years for contract claims and 2 years for personal injury. The discovery rule applies to fraud and medical malpractice claims. Delaware also has a robust body of case law on tolling doctrines given its prominence as a corporate jurisdiction.
Related Resources
Frequently Asked Questions
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What is the statute of limitations for breach of contract in Delaware?
Delaware allows 3 years for breach of contract claims, whether the contract is written or oral.
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Does Delaware have a discovery rule?
Yes, Delaware applies the discovery rule to fraud claims and medical malpractice, starting the clock when the plaintiff knew or should have known of the injury.
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How does Delaware handle corporate disputes and limitations?
Corporate disputes in Delaware are often governed by specific statutory provisions, but the general 3-year contract statute applies to many breach of fiduciary duty claims as well.