Skip to content

How Long to Sue

10 Del. C. § 8119 — 2 years for an injury, 3 years for a contract or a debt

ClaimTime to sue
ClaimPersonal injuryTime to sue2 years from the injury
ClaimWrongful death, or injury to personal propertyTime to sue2 years from when the claim accrued
ClaimA promise, a debt not under seal, trespass, or a claim based on a statuteTime to sue3 years from when the claim accrued
Email

For a person who was a minor or mentally incompetent when the claim arose, the time does not run during the disability, and the claim may be brought within 3 years after it ends.

  • 10 Del. C. § 8116

Other claims, such as medical malpractice, have their own periods. A particular deadline is a question for a licensed Delaware attorney.

Sources for this section (4)
  1. 10 Del. C. § 8119 — Personal injuries
  2. 10 Del. C. § 8107 — Actions subject to 2-year limitation
  3. 10 Del. C. § 8106 — Actions subject to 3-year limitation
  4. 10 Del. C. § 8116 — Savings for infants or persons under disability

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Delaware attorney.

On the clock

3 periods on this page run out. Each is stated above with its authority; this is the same thing with the date attached.

From here

Walked through

This section is the long version of a step in one walkthrough. Each one takes the same law one decision at a time, with both sides of the moment written out.