Delaware Tolling: Minors, Young Children & Absent Defendants

Delaware's standard two-year rule genuinely bends for the youngest claimants — sometimes by years, not just months.

Minors: three years past 18, not just two

Under 10 Del. C. § 8116, a minor who suffers a personal injury has three years after their 18th birthday to file suit — not the standard two-year window that would ordinarily apply. In practical terms, a child injured at age 10 has until their 21st birthday to bring a claim, a genuinely generous window compared to how many other states handle minor tolling.

A real exception worth knowing

That generosity isn't unconditional. Delaware law notes that other statutes might require a minor to file suit more quickly in specific situations — Delaware's medical malpractice statute is a concrete example of a law that can shorten the effective window below the general three-years-past-18 rule. Anyone representing a minor's claim should confirm which specific statute actually governs the type of injury involved, rather than assuming the general rule applies across the board.

Very young children in malpractice cases: an even further protection

Delaware goes a step further for the youngest patients in medical malpractice cases specifically. Under 18 Del. C. § 6856(2), a child younger than 6 years old has until the later of their 6th birthday or the date the general malpractice statute of limitations would otherwise expire. This recognizes that a very young child's malpractice claim could otherwise expire, functionally, before the child is even old enough to attend school — a genuinely thoughtful, narrow protection built specifically around that risk.

When the defendant isn't in Delaware

Delaware law also recognizes tolling in situations where the person being sued is outside Delaware at the time of the injury or during the period that would otherwise count toward the statute of limitations. How this specific tolling provision applies to a given set of facts is worth confirming directly with an attorney.

What doesn't pause the clock

A genuinely common and costly misunderstanding: actively negotiating a settlement with an insurance company does not toll or pause Delaware's filing deadline. The clock keeps running the entire time talks are ongoing, regardless of how close the parties seem to a resolution.

Delaware tolling — frequently asked questions

How long does a minor have to file a personal injury claim in Delaware?

Three years after turning 18, under 10 Del. C. § 8116 — a full extra year beyond the standard two-year deadline most claimants get.

Does Delaware protect very young children in medical malpractice cases differently?

Yes. Under 18 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 happens if the defendant is outside Delaware when the injury occurs?

Delaware law recognizes tolling provisions for situations where the defendant is absent from the state, which can affect when the statute of limitations clock actually runs.

Can other statutes require faster action than the general minor-tolling rule in Delaware?

Yes. Delaware's medical malpractice statute, for example, can require a minor to act more quickly than the general three-years-past-18 rule in certain circumstances.

Does negotiating with an insurance adjuster pause Delaware's statute of limitations?

No. Settlement negotiations do not toll or pause the filing deadline. The clock keeps running regardless of how active the negotiations are.

This page provides general guidance only and is not legal advice. Figures are based on Delaware statute (10 Del. C. § 8116, 18 Del. C. § 6856), verified per our methodology. Whether tolling applies to a specific situation depends on its facts. Confirm with a licensed Delaware attorney before acting.