Delaware Statute of Limitations: Filing Deadlines by Case Type

Delaware law sets a 2-year deadline for personal injury lawsuits under Tit. 10 §8119 and a 3-year deadline for breach of contract claims under Tit. 10 §8106. Most other civil claims fall within these same windows. Missing either deadline almost always bars the claim permanently.

Understanding filing deadlines is critical for anyone involved in a legal dispute in Delaware. The statute of limitations sets the maximum amount of time a person has to file a lawsuit or the state has to bring criminal charges. Missing these deadlines almost always means losing the right to pursue a claim or prosecution entirely.

Delaware law divides these time limits into two main categories: civil statutes of limitations (for lawsuits between private parties) and criminal statutes of limitations (for prosecution of crimes by the state). Each category has different deadlines depending on the type of case.

This guide breaks down every major filing deadline in Delaware, explains important exceptions, and provides the specific statutory references so you can verify each time limit yourself.

Hurt in Delaware? If you are still within the deadline above, you can estimate what your injury claim may be worth with our free Delaware personal injury settlement calculator. It gives an instant range based on your medical costs and Delaware's fault rule (general information, not legal advice).

Delaware Civil Statute of Limitations

Delaware's civil statute of limitations governs how long you have to file a lawsuit in state court. These deadlines are found primarily in Title 10, Chapter 81 of the Delaware Code. Once the applicable deadline passes, the defendant can file a motion to dismiss, and the court will almost certainly grant it.

The clock typically starts on the date the injury or breach occurred, though Delaware does apply a "discovery rule" in certain situations (discussed below).

Personal Injury Claims

Delaware gives injured persons 2 years from the date of injury to file a personal injury lawsuit. This deadline applies broadly to claims involving car accidents, slip-and-fall injuries, assault, battery, and most other negligence-based claims.

The governing statute is Tit. 10 §8119, which states that no action for recovery of damages for alleged personal injuries shall be brought after 2 years from the date the injuries were sustained.

Medical Malpractice

Medical malpractice claims also carry a 2-year statute of limitations under Tit. 10 §8119. However, Delaware provides an important exception: if the injury was not immediately discoverable, the plaintiff has up to 3 years from the date of injury to file suit, provided the injury could not have been discovered through reasonable diligence within the standard 2-year period.

Delaware also allows plaintiffs to toll (pause) the statute of limitations for an additional 90 days by sending a Notice of Intent to investigate to each potential defendant by certified mail. This gives both sides time to evaluate the claim before litigation begins.

Wrongful Death

A wrongful death lawsuit must be filed within 2 years of the date of death under Tit. 10 §8107. This deadline runs from the date of death, not from the date of the underlying injury that caused the death.

Property Damage

Claims for injury to personal property, including damage to vehicles, personal belongings, or other tangible items, must be filed within 2 years under Tit. 10 §8107.

Defamation (Libel and Slander)

Defamation claims, whether for written statements (libel) or spoken statements (slander), must be filed within 2 years under Tit. 10 §8119.

Product Liability

Claims for injuries caused by defective products follow the general personal injury deadline of 2 years from the date of injury under Tit. 10 §8119.

Contract Disputes

Delaware applies a 3-year statute of limitations to breach of contract claims, whether the contract is written or oral. This is governed by Tit. 10 §8106, which covers actions to recover debts, enforce promises, and resolve disputes arising from contractual or fiduciary relationships.

There is one notable exception for large transactions. Under Tit. 10 §8106(c), parties to a written contract involving at least $100,000 may specify a longer limitations period in the contract itself, up to a maximum of 20 years. This provision, enacted in 2014, has been applied retroactively by Delaware courts to contracts executed before the statute took effect.

Sale of Goods (UCC)

For contracts involving the sale of goods under the Uniform Commercial Code, Delaware provides a 4-year statute of limitations under Tit. 6 §2-725. The clock starts when the breach occurs, which is typically at the time of delivery. If a warranty explicitly covers future performance, the clock starts when the breach is or should have been discovered.

Trespass

Trespass claims must be filed within 3 years under Tit. 10 §8106.

Debt Collection

Actions to recover a debt not evidenced by a record or sealed instrument must be filed within 3 years under Tit. 10 §8106.

Judgments

An action to enforce or renew a judgment must be brought within 5 years under Tit. 10 §5072.

Civil Forfeiture on Penal Statutes

A civil action for forfeiture upon a penal statute must be filed within 1 year under Tit. 10 §8112.

Complete Civil Statute of Limitations Table

Delaware Criminal Statute of Limitations

Delaware's criminal statute of limitations determines how long prosecutors have to file charges after a crime has been committed. These time limits are found in Tit. 11 §205 of the Delaware Code.

Crimes With No Time Limit

Delaware does not impose any filing deadline for the most serious offenses. Prosecutors may bring charges at any time for the following crimes:

• Murder
• Attempted murder
• Class A felonies
• Attempted Class A felonies
• Sexual offenses where the victim is a minor

The inclusion of sexual offenses against minors reflects Delaware's strong public policy of protecting child victims, who may not come forward until years or even decades after the abuse occurred.

Felonies

For felonies not listed above, prosecution must begin within 5 years of the date the crime was committed. This includes Class B through Class G felonies such as burglary, robbery, drug trafficking, and aggravated assault.

There is a special rule for certain white-collar and trust-related crimes. If the standard period above has already expired, prosecutors may still bring charges for offenses involving forgery, fraud, breach of fiduciary duty, or property theft by employees, bailees, or fiduciaries within 2 years of discovering the offense, but this discovery extension cannot push the total limitations period more than 3 years beyond the standard period under Tit. 11 §205(b) (Tit. 11 §205(c)). A similar rule applies to misconduct in public office: prosecution may begin at any time the defendant remains in office or within 2 years after leaving, again capped at 3 years beyond the standard period (Tit. 11 §205(d)).

DNA Evidence Extension

If the standard felony statute of limitations under Tit. 11 §205(b) has already expired, Delaware still allows prosecutors to bring charges based on forensic DNA testing, but only within 10 years of the date the crime was committed (Tit. 11 §205(i)) -- not 10 years from when the DNA match was found. A DNA match discovered more than 10 years after the offense does not revive prosecution.

Misdemeanors

• Class A misdemeanors: Charges must be filed within 3 years
• Class B misdemeanors, Class C misdemeanors, unclassified misdemeanors, and violations: Charges must be filed within 2 years

Complete Criminal Statute of Limitations Table

Tolling and Exceptions in Delaware

Several situations can pause (toll) or extend the statute of limitations in Delaware. Understanding these exceptions is important because they can significantly affect filing deadlines.

Discovery Rule

Delaware courts apply the "discovery rule" when an injury is inherently unknowable at the time it occurs. Under this doctrine, the statute of limitations does not begin to run until the plaintiff knew or should have known about the injury through the exercise of reasonable diligence.

This rule commonly applies in medical malpractice, toxic exposure, and latent defect cases where the harm may not become apparent for months or years after the wrongful act.

Tolling for Minors and Persons With Disabilities

Under Tit. 10 §8116, if the person who has a cause of action is a minor (under 18) or is mentally incompetent at the time the claim accrues, the statute of limitations is tolled until the disability is removed. Once the person reaches the age of majority or regains competency, they generally have the standard limitation period to file suit.

Defendant Absence From the State

Under Tit. 10 §8117, if a defendant leaves Delaware after a cause of action accrues, the time spent outside the state does not count toward the statute of limitations. The clock pauses while the defendant is absent and resumes when they return.

For criminal cases, Tit. 11 §205 similarly provides that the statute does not run during any period when the accused is fleeing from justice or is absent from the state.

Decedent's Estate Extension

If a potential defendant dies before the statute of limitations expires, Delaware law extends the filing deadline by 6 months from the date of death for claims against the decedent's estate.

Child Sexual Abuse (Civil Claims)

Delaware has eliminated the civil statute of limitations for survivors of child sexual abuse. Under current law, survivors of child sexual abuse that occurred in Delaware may file civil claims at any time, regardless of how much time has passed since the abuse.

What Happens If You Miss the Deadline

If you fail to file a civil lawsuit before the statute of limitations expires, the defendant can raise it as an affirmative defense and file a motion to dismiss. Delaware courts consistently enforce these deadlines, and a dismissal on statute of limitations grounds is almost always permanent. The claim is lost forever.

For criminal cases, if prosecutors attempt to bring charges after the statute of limitations has expired, the defendant can move to dismiss the indictment. The court must grant the motion unless the state can prove that a tolling exception or special provision applies.

Filing an insurance claim or negotiating with an insurance adjuster does not pause or extend the statute of limitations. The clock continues to run during these activities, so it is important to be aware of deadlines even while settlement discussions are ongoing.

Practical Tips for Filing in Delaware

• Document the date of injury or discovery carefully. The exact start date of the statute of limitations can determine whether your case survives a motion to dismiss.
• Consult a Delaware attorney early. An attorney can identify which statute of limitations applies to your specific situation and whether any tolling provisions might extend your deadline.
• Do not rely on settlement negotiations to preserve your rights. The statute of limitations runs during negotiations. If settlement talks stall, you may need to file suit to protect your claim.
• Keep records of all communications. Documentation of when you discovered an injury or defect can be critical if the discovery rule is at issue.

More Delaware Laws

• Delaware Car Accident Laws
• Delaware Dog Bite Laws
• Delaware Expungement Laws
• Delaware Slip and Fall Laws
• Delaware Workers Compensation Laws