Delaware Personal Injury Statute of Limitations Calculator

Two years covers most Delaware injury claims — but suing the City of Wilmington runs on a genuinely unusual rule: notice has to come a full year before you file, not by some later deadline. Enter your dates below to see your actual deadline.

10 Del. C. § 8119 FigureMyTax Editorial Team Free · no sign-up

When is your filing deadline?

Pick the type of claim and the date of the injury. We'll show the actual Delaware deadline, in plain terms.

Deadline to file suit
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Injured in Delaware?

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The general rule: two years

Under 10 Del. C. § 8119, no action for the recovery of damages upon a claim for alleged personal injuries may be brought after two years from the date the injuries were sustained. This same two-year period covers most negligence claims, including car accidents, slip and falls, and medical malpractice.

Wrongful death and property damage: also two years

A separate but parallel statute, 10 Del. C. § 8107, sets the same two-year deadline for wrongful death claims, generally running from the date of death, and for claims involving damage to personal property.

Minors: three years from 18, not just two

Delaware is genuinely generous here. Under 10 Del. C. § 8116, a minor who suffers a personal injury has three years after their 18th birthday to file — not simply the standard two-year window measured from age 18. This gives a young injury victim considerably more runway than the ordinary rule alone would suggest. There's one important carve-out: other statutes, like Delaware's medical malpractice law, can require faster action in specific situations.

A special protection for very young children in malpractice cases

Delaware's medical malpractice statute includes a genuinely distinctive rule for the youngest patients: a child under 6 years old has until the later of their 6th birthday or the date the general malpractice deadline would otherwise expire, under 10 Del. C. tit. 18, § 6856(2). This protects very young children from having a malpractice claim time out before they're even school-age.

Suing the City of Wilmington: a genuinely unusual rule

This is the detail most people have never heard of. Before suing the City of Wilmington specifically, the injured person must notify the Mayor "of the time, place, cause and character" of the injury at least one year before filing the lawsuit, under 10 Del. C. § 8124. See our full guide to this unusual Wilmington notice requirement for exactly how it works.

Delaware statute of limitations — frequently asked questions

How long do I have to file a personal injury lawsuit in Delaware?

Two years from the date the injury was sustained, under 10 Del. C. § 8119. This covers most claims, including car accidents, medical malpractice, and wrongful death.

Does Delaware give minors more time to file a personal injury claim?

Yes, and more generously than many states. Under 10 Del. C. § 8116, a minor has three years after turning 18 to file, not just the standard two-year window.

Is there a special rule for young children in Delaware medical malpractice cases?

Yes. Under 10 Del. C. § 6856(2), a child under 6 has until the later of their 6th birthday or the date the general malpractice deadline expires to file suit.

What is unusual about suing the City of Wilmington in Delaware?

Notice of the injury must be given to the Mayor at least one year before filing suit, under 10 Del. C. § 8124 — an advance-notice requirement, not simply a deadline to file by.

What happens if I miss Delaware's filing deadline?

The court will almost always dismiss the case, and the right to seek compensation is lost permanently, regardless of how strong the underlying claim was.

This calculator provides an estimate for general guidance only and is not legal advice. Figures are based on Delaware statute (10 Del. C. § 8119, § 8107, § 8116, § 8124; 18 Del. C. § 6856) verified per our methodology. Deadlines can vary based on the specific facts of a claim. Confirm your actual deadline with a licensed Delaware attorney before acting.