Hurt, wronged, or owed money
THINKING ABOUT SUING
What Delaware law says about the time to bring a claim, by the kind of claim, and about the court that hears small ones. Every period here is one the guide already states, with the section it comes from and the law that section cites.
A period runs from the event its statute names. When that event happened, and whether anything paused the count, are facts a lawyer applies; whether a claim is worth bringing is a question for one too. Nothing here answers either.
THE TIME TO SUE
An injury to a person
Hurt in a fall, a crash, a dog bite, or by somebody's carelessness.
2 years
A lawsuit for a personal injury
- From
- The date the injury was sustained
A lawsuit for personal injuries is filed within 2 years from the date the injuries were sustained.
Damage to property
A car, a phone, a fence, or anything else damaged or taken.
2 years
A lawsuit for injury to personal property
- From
- The accrual of the claim
No action to recover damages for injury to personal property may be brought after 2 years from the accruing of the claim. Getting back personal property somebody keeps, or damages for the keeping, has 3 years.
A written contract
A signed agreement, a lease, a written estimate or invoice.
3 years
A lawsuit on a promise or a debt
- From
- The accrual of a claim on a promise, a debt, or a statute
A claim on a promise, a debt not under seal, trespass, or a statute is brought within 3 years of accruing.
A contract not in writing
A deal made in words or a handshake, or an account with no signed paper.
3 years
A lawsuit on a promise or a debt
- From
- The accrual of a claim on a promise, a debt, or a statute
A claim on a promise, a debt not under seal, trespass, or a statute is brought within 3 years of accruing.
SMALL CLAIMS COURT
The limit in Delaware
Up to $25,000 in the Justice of the Peace Court
10 Del. C. § 9301 — the Justice of the Peace Court hears contract and property claims up to $25,000
WHAT TO HAVE TOGETHER
Whoever looks at a claim, a lawyer, a legal aid office or a small claims clerk, works from the same handful of facts. These are the ones people are most often asked for, gathered in one place.
When and where it happened
The date, the time if you know it, and the place, as exactly as you can say it.
Who was involved
The person or business on the other side, and the name it uses on its papers or its sign.
What happened, in order
Written down while it is fresh, in your own words, with what was said.
What it cost
Bills, receipts, estimates, repair quotes, and days of work missed, each with its amount.
Photos and papers
Pictures of the place, the damage or the injury, and every letter, contract, receipt or email.
Witnesses
Who saw it, and a phone number or address for each.
Reports already made
A police or incident report, a claim number with an insurer, or a complaint to an agency.
Insurance
Your own policy, and any insurer for the other side that you have been told about.
Keep it in one place
A case keeps all of it together in your account: what happened and when, what it cost, the people involved, every photo and paper kept privately, and one folder ready to download or send to a lawyer.
MyRightz is legal education, not legal advice. Nothing here creates an attorney client relationship. Applying the law to a particular situation is the work of a licensed Delaware attorney.