Wrongful Death Deadline vs. Personal Injury Statute of Limitations

By the FigureMyTax Editorial Team · How we calculate

Delaware's wrongful death deadline and its ordinary personal injury deadline share the same two-year length — but they start running from different moments.

Same length, different starting point

A Delaware personal injury claim must generally be filed within 2 years of the date of injury, under 10 Del. C. §8119. A wrongful death claim follows the same 2-year length, but under §8107, the clock runs from the date of death instead. This matters when someone is injured, survives for a period, and later dies from that injury: the family gets their own full 2-year window starting at death, separate from whatever remained of the original injury deadline.

Exceptions exist, but deadlines are enforced strictly

Certain circumstances can toll, or pause, Delaware's wrongful death statute of limitations. Given how strictly Delaware courts enforce these deadlines, families shouldn't assume an exception applies without confirming directly with an attorney.

Government defendants shorten the ordinary deadline

For an ordinary personal injury claim against the state, county, or local government, Delaware imposes a shorter 1-year deadline instead of the standard 2 years. Whether this shortened government deadline extends to a wrongful death claim involving a government defendant is a question worth confirming with an attorney promptly.

This is general information, not legal advice, and deadline rules allow little room for error. Confirm the exact deadline for your situation — especially if a government entity may be involved — with a licensed Delaware attorney immediately.