FirmTimerFirmTimerCalculate accurate filing deadlines for various causes of action in Delaware. This tool provides statute citations, legal notes, and important deadline information for your case.
Statute may be tolled until age of majority
Statute may be tolled due to disability
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June 16, 2027
Delaware’s statute of limitations for personal injury is 2 years from the date of injury. The state recognizes a very limited discovery rule (primarily in cases of unknown medical injuries or where an inherently unknowable injury and no notice of negligence – otherwise the clock runs from injury). If an injured person is under 18 or incompetent, § 8116 tolls the SOL until majority or removal of disability, but the injured minor generally must still file within the 2-year period upon turning 18 (Delaware courts have applied the doctrine of "inherently unknowable" injuries to toll in appropriate cases). No separate repose generally except specific contexts (e.g., a 6-year repose for improvements to real property).
Last reviewed 6/12/2025
Firm Timer helps you track every minute of your workday, ensuring you never miss a billable hour again. Our intuitive time tracking software is designed for law firms, making it easy to capture time on the go.
| Cause of Action | Statute of Limitations | Discovery Rule | Statute of Repose | Legal Citation |
|---|---|---|---|---|
| Personal Injury | 2 years | No | — | 10 Del. Code § 8119 |
| Wrongful Death | 2 years | No | 2 years | 10 Del. Code § 8107 (via § 8119 analogy) |
| Property Damage | 3 years | No | — | 10 Del. Code § 8106(a) |
| Written Contract | 3 years | No | 20 years | 10 Del. Code § 8106(a) |
| Oral Contract | 3 years | No | — | 10 Del. Code § 8106(a) |
| Defamation | 2 years | No | — | 10 Del. Code § 8119 (construed to cover personal torts) |
| Medical Malpractice | 2 years | Yes | 3 years | 18 Del. Code § 6856(1) |
| Consumer Debt | 3 years | No | — | 10 Del. Code § 8106(a) |
Common questions about Delaware statutes of limitations
The shortest deadline in Delaware is 2 years for personal injury claims, while the longest is 3 years for consumer debt disputes. Missing these cut-offs—even by a day—can permanently bar recovery.
Note: Delaware also enforces statutes of repose, which create an absolute bar after a set number of years, regardless of when the injury is discovered. Our calculator flags these where applicable.
A statute of limitations sets the maximum time after an event within which legal proceedings may be initiated. In Delaware, these time limits vary by the type of claim or offense.
Missing a filing deadline can permanently bar your claim, regardless of its merit. This calculator helps you determine the deadline for your specific case, but always consult with a qualified attorney for legal advice.
For more information about Delaware law, visit the official Delaware courts or legislature website.