Delaware Statute of Limitations for Personal Injury
In Delaware, the statute of limitations for personal injury is 2 years. After this period, a lawsuit based on this type of claim is generally time-barred.
Data last updated: Apr 16, 2026Key Takeaways
- Time limit: 2 years from accrual.
- Statute: Del. Code tit. 10, § 8119.
- Accrues on the date of injury.
What are personal injury claims?
Claims for physical or emotional harm caused by another person's negligence or intentional act.
Details
Accrues on the date of injury.
General Delaware Rules
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.
Other Statutes of Limitations in Delaware
Personal Injury in Other States
Frequently Asked Questions
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What is the statute of limitations for personal injury in Delaware?
The statute of limitations for personal injury in Delaware is 2 years. Citation: Del. Code tit. 10, § 8119.
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When does the clock start for personal injury in Delaware?
Accrues on the date of injury.
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Can the statute of limitations for personal injury be extended in Delaware?
In some cases, yes. Tolling provisions may apply for minors, persons with incapacity, or when the defendant is absent from the state. The discovery rule may also delay the start of the statute. Consult an attorney for your specific situation.