## How long do I have to file a personal injury lawsuit in Delaware? In most personal injury cases, Delaware gives you **2 years** from the date of the injury to file a lawsuit (10 Del. C. § 8119). If you don't file within that window, the court will almost certainly throw your case out — no matter how strong the underlying facts are. This deadline is called a "statute of limitations." It exists in every state, but the length and the rules around it are different in each one. ## When does the clock start? In most cases, the clock starts on the date of the injury — the day of the car accident, the day you slipped and fell, the day you were hit by a defective product. Some cases use a different rule called the **discovery rule**. Under the discovery rule, the clock doesn't start until you discovered, or reasonably should have discovered, that you were injured and that someone else's conduct caused it. The discovery rule comes up most often in: - Medical malpractice (you didn't realize the surgeon left something behind) - Toxic exposure (the illness develops years later) - Cases where the defendant hid what they did Whether the discovery rule applies — and exactly when it starts the clock running — depends on the facts of your case and how courts in your jurisdiction have interpreted it. ## What types of cases does the 2 years deadline cover? The general 2 years window typically applies to: - Car, truck, and motorcycle accidents - Slip-and-fall and other premises-liability cases - Pedestrian and bicycle accidents - Most negligence claims against private parties - Many product-liability and dog-bite cases ## What's different? Several common case types follow Delaware-specific rules that are usually **shorter** — sometimes much shorter — than the general deadline: - **Wrongful death** — separate deadline, often counted from the date of death rather than the date of the injury. - **Medical malpractice** — typically shorter, with strict pre-suit notice or affidavit-of-merit requirements. - **Claims against state, county, or city government** — often as short as a few months, with a formal **notice of claim** required before you can even file suit. Missing this notice is a common, fatal mistake. - **Cases involving minors** — the clock may be paused until the child turns 18, but limits apply. - **Workers' compensation** — handled outside the regular court system, with its own filing deadlines. ## What can pause ("toll") the deadline? A few situations can extend the deadline: - The defendant left the state to avoid being served - The injured person was legally incapacitated (a minor or someone declared incompetent) - The defendant fraudulently concealed what they did Tolling rules are technical and vary by case type. Don't assume tolling applies — get an opinion from a lawyer. ## What you should do Don't try to figure this out alone. The 2 years rule looks simple, but it has exceptions, side rules, and traps that have ended otherwise-strong cases. The biggest mistake is waiting until the deadline is near and then scrambling — by then, evidence has been lost, witnesses have moved on, and insurance companies have built their defense. If you've been hurt in Delaware and you think someone else is responsible, talk to a personal injury attorney as soon as possible. Most personal injury lawyers offer free consultations and work on contingency — meaning you don't pay unless they win. --- *This guide is general information about Delaware law as of early 2026 and is not legal advice. Statutes are amended, courts reinterpret them, and your situation may have facts that change the analysis. Talk to a licensed Delaware attorney about your specific case before relying on any deadline.*