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.