How long do I have to file a personal injury claim in Delaware?
2 years
Delaware personal injury: 2 years from the incident.
Governing statute: Del. Code tit. 10 § 8119. Verified against the published code: 2026-06-22.
Delaware Personal Injury Deadline Calculator
Clock generally starts on the date of the injury (or, under the discovery rule, when the injury was or should have been discovered).
The bottom line
In Delaware, you generally have 2 years to file a personal injury lawsuit, counted from the date of the injury (or, under the discovery rule, when the injury was or should have been discovered) (Del. Code tit. 10 § 8119). The discovery rule, minority (under-18) tolling, and claims against government entities (often a much shorter notice-of-claim window, e.g. 6 months) can change this deadline.
Don't risk your deadline
Missing the statute of limitations usually ends your case permanently. Talk to a personal injury attorney—most offer a free consultation.
How long do I have to file a personal injury lawsuit in Delaware?
2 years, generally from the date of the injury (or, under the discovery rule, when the injury was or should have been discovered) (Del. Code tit. 10 § 8119).
When does the personal injury clock start in Delaware?
the date of the injury (or, under the discovery rule, when the injury was or should have been discovered). The discovery rule, minority (under-18) tolling, and claims against government entities (often a much shorter notice-of-claim window, e.g. 6 months) can change this deadline.
What happens if I miss the deadline?
Filing after the statute of limitations almost always means the court will dismiss your case and you lose the right to recover. A few narrow exceptions (tolling, the discovery rule, minority) can extend it — an attorney can tell you whether any apply.
Not legal advice. This page is informational only and is not a substitute for advice from a licensed attorney. Statutes of limitations are subject to many exceptions — tolling, the discovery rule, minority (under-18) and incapacity rules, government notice-of-claim deadlines (often far shorter), and statutes of repose — any of which can shorten or lengthen the deadline in your specific case. The governing statute citation and the date it was verified are shown above so you can confirm the current text yourself. Never rely on this page to decide whether you can or cannot sue. Consult a licensed attorney in your state before your deadline.