Statute of Limitations Delaware Statute of Limitations, Civil Actions

The Delaware Statute of Limitations for civil actions sets a time limit after an injury or civil wrong occurs, during which an injured party can file a lawsuit. After that period of time expires, the injured party is no longer permitted to file a claim in a Delaware state court to litigate that matter. The statute ensures that lawsuits that have merit and worthy of being heard are filed within a reasonable time or not at all.

How Does the Statute of Limitations Operate?

The period of time to file a claim will vary depending upon the type of incident that occurred. A claim against a doctor for medical malpractice may be for a different length of time than against an accountant for negligence or fraud. The Delaware statute of limitations can generally be found within the Delaware Code, Title 10, Chapter 81 and covers the following rules and exceptions in greater detail.

When does the Delaware Statute of Limitations Begin?

Other than for specific exceptions, the Delaware statute of limitations generally begins to run at the time when a "cause of action arises" - in other words, at the time when an injury occurs that would qualify for a lawsuit to be filed in a Delaware state court.

What is the Discovery Rule?

There are times when a person is unable to discover that they have been injured. For example, fraud that is hidden by the perpetrator of the act and is not easily discoverable. It wouldn't be fair or reasonable to require the injured party to file a lawsuit when they could not have detected the injury. As a result, in some instances the Delaware statute of limitations begins to run from the time the injured party discovers or should have discovered that they have been injured.

Delaying or Tolling the Delaware Statute of Limitations

In certain circumstances, fairness would require that the statute of limitations be delayed for a period of time. A party may not have the ability to bring a case even though they are aware of an injury or damages. Delaying or "tolling" the statute of limitations typically occurs when the plaintiff is "disabled" - such as a minor child or a person who is mentally incompetent. Once the disability ends, the statute of limitations begins to run.

Calculating the length of time that a plaintiff has to file a lawsuit is complicated and involves many factors and exceptions. Parties that have suffered significant injuries or damages may wish to consult with a Delaware attorney to ensure that all claims and notices are filed within the time limits set forth by law.

Delaware Civil Statutes: Delaware Code

Personal Injury and Negligence

2 years, generally.

Wrongful Death

2 years.

Medical Malpractice

2 years, generally. Children may have special tolling rules (under 6 years of age).

Legal and Professional Malpractice

2 years.

Products Liability

2 years.

Assault and Battery

2 years.

False Imprisonment

2 years.

Contracts

Written contracts 3 years. Oral contracts 3 years.

Fraud

3 years.

Personal Property Damages

2 years

Trespass

3 years.

Libel / Slander / Defamation

2 years from the date of publication (or the date when spoken).

Debt Collection Accounts

3 years.

Collection of Rent

3 years.

Judgment Enforcement

5 years.

Liability of State and Municipalities

May be waived in certain circumstances.

No-Fault Insurance

Yes - no-fault insurance applies.

Consumer Fraud Complaints

Delaware Attorney General

Telephone: (302) 577-8500 (criminal)
(302) 577-8400 (civil)
(302) 577-8600 (fraud, consumer proteciton
(877) 851-0482 (Espanol)

Please Take Note: The statute of limitations laws presented are strictly provided to you "as-is". While we believe that the legal information is accurate as of the date created, we cannot and do not provide any guarantee, analysis or conclusions. The law may have changed since this article was published. The only way to ensure that the statute of limitations law you are reading is up to date and applies to your specific issue, is to have a legal consultation with an attorney licensed to practice law in the state of Delaware.