Delaware Statute of Limitations Calculator

Rules cited to Delaware’s statutes and case lawRules checked How we calculate

Fault rule51% barYou recover if you are 50% or less at fault. The award is cut by your share.Del. Code tit. 10, § 8132
Filing deadline2 yearsPersonal injury. Wrongful death: 2 years.Del. Code tit. 10, § 8119
Minimum insurance25/50/10Per person, per crash, property. Delaware is an at-fault state.
Damage capsNone on injury damagesPunitive and malpractice damages can be capped separately.

Your numbers

Example figures shown. Replace them with yours.
Type of claim
Your estimateDelaware · Filing deadline
Your estimate…
The math
Want a Delaware lawyer to check this?The review is free. Injury lawyers usually charge a fee only if you recover money.Get a free Delaware case reviewPaid attorney referral. We may be paid when you contact a participating firm. ClaimValuator is not a law firm.Already have an offer? See if it is fair

Enter the date of the injury and this calculator works out the last day to file an injury lawsuit in Delaware. It uses Delaware’s general two-year deadline and the two-year wrongful death deadline.

The date it gives is the general rule. Exceptions can pause or shorten the clock, and claims against government agencies need notice far sooner. If your date is close, call a lawyer this week.

Delaware filing deadlines

Personal injury. The general deadline is two years from the date of the injury.

Wrongful death. Families usually have two years, counted from the date of death.

Minors. Most states pause the deadline for an injured child until the child turns 18, though medical malpractice and government claims often follow shorter rules. Check how this applies before relying on it.

Government claims. A claim against a city, county, school district or state agency usually requires a written notice of claim within months, long before the lawsuit deadline.

Delaware filing deadline questions

What is the statute of limitations for personal injury in Delaware?

two years from the date of the injury (Del. Code tit. 10, § 8119).

Is the deadline different for car accidents in Delaware?

No. Car accident injury claims follow the same two years deadline.

How long do I have to file a wrongful death claim in Delaware?

Usually two years from the date of death.

What happens if I miss the deadline?

The court will almost always dismiss the case, and the insurer no longer has a reason to settle. A few exceptions can pause the clock, such as the injured person being a minor, so talk to a lawyer quickly if the date is close or has passed.