Delaware's Statute of Limitations

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Delaware's Statute of Limitations


Wrongful Death
A cause of action for wrongful death accrues on the date of death and must be brought within two years of that date.

Personal Injury Actions
Personal injuries actions must be brought within two years of the date of the injury.

Medical Malpractice Actions
Claims against health-care providers must be brought within two years of the date that the injury occurred. If the injury was unknown and could not have discovered within the two-year time limit, the action may be brought within three years of the date of the injury, but in no event after the expiration of three years. Finally, minors under six have until their sixth birthday to file suit or within the two-year limitations period, whichever time period is greater.

Products Liability Actions
Products liability actions must be filed within two years after the plaintiff suffers the injury.

Special Rules for Minors
Except in the case of medical malpractice, there are no other special rules for minors.