How Long to Sue
10 Del. C. § 8119 — 2 years for an injury, 3 years for a contract or a debt
| Claim | Time to sue |
|---|---|
| ClaimPersonal injury | Time to sue2 years from the injury |
| ClaimWrongful death, or injury to personal property | Time to sue2 years from when the claim accrued |
| ClaimA promise, a debt not under seal, trespass, or a claim based on a statute | Time to sue3 years from when the claim accrued |
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.
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)
- 10 Del. C. § 8119 — Personal injuries
- 10 Del. C. § 8107 — Actions subject to 2-year limitation
- 10 Del. C. § 8106 — Actions subject to 3-year limitation
- 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.