Statute of Limitations in Delaware
State-specific overview · Contract Law
Delaware sets a 2-year limit for personal injury claims and a 3-year limit for written contract breaches from the date of injury or breach.
How Delaware treats Statute of Limitations
Delaware's statute of limitations for personal injury is 2 years from the date of injury. Written contracts have a 3-year limit, while oral contracts have a 4-year limit from the date of breach. Medical malpractice follows the 2-year personal injury rule, though Delaware recognizes a discovery rule in certain circumstances where the injury was not reasonably discoverable at the time of the negligent act.
The general definition of Statute of Limitations
A law setting the maximum time period within which a lawsuit can be filed after an injury or breach occurs.
Every type of legal claim has a deadline. Once that deadline passes, you lose the right to sue, even if you have a valid claim. The statute of limitations varies depending on the type of case—contract disputes might have a different deadline than personal injury claims, for example. These time limits exist to protect defendants from being sued years or decades after an event, when evidence may be lost and memories fade. Once the deadline expires, the claim is essentially dead, and courts will dismiss any lawsuit filed after that point.
Read the full Statute of Limitations entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Delaware.