How much time do you have to file a lawsuit in Delaware?

A statute of limitation can limit the time period in which a person can file a lawsuit. Evary state?s statutes are different regarding the amount of time in which a person can file a lawsuit. Statutes can also vary per state according to the type of claim one is pursuing.

Depending upon the facts of your case, special circumstances may apply in which Delaware's statute of limitation may be extended. In some states, statutes of limitations may be extended if the personal injury, medical malpractice or wrongful death claim involves a minor. Many states may also extended the statutes of limitation based upon when an injury is discovered rather than when an injury occurred.
Georgia Personal Injury Statutes of Limitations

If you feel you have a claim in Delaware for personal injury, medical malpractice, or wrongful death, Contact A Delaware Personal Injury Attorney immediately regardless of whether or not the statue of limitation has past.

Delaware Statutes

Delaware Statutes of Limitation

? 8106. Actions subject to 3-year limitation.

No action to recover damages for trespass, no action to regain possession of personal chattels, no action to recover damages for the detention of personal chattels, no action to recover a debt not evidenced by a record or by an instrument under seal, no action based on a detailed statement of the mutual demands in the nature of debit and credit between parties arising out of contractual or fiduciary relations, no action based on a promise, no action based on a statute, and no action to recover damages caused by an injury unaccompanied with force or resulting indirectly from the act of the defendant shall be brought after the expiration of 3 years from the accruing of the cause of such action; subject, however, to the provisions of ?? 8108-8110, 8119 and 8127 of this title. (Code 1852, ? 2742; Code 1915, ? 4671; Code 1935, ? 5129; 46 Del. Laws, c. 115, ? 1; 10 Del. C. 1953, ? 8106; 57 Del. Laws, c. 568, ? 2.)

? 8107. Actions subject to 2-year limitation.

No action to recover damages for wrongful death or for injury to personal property shall be brought after the expiration of 2 years from the accruing of the cause of such action. (10 Del. C. 1953, ? 8106A; 52 Del. Laws, c. 339, ? 1.)

? 8111. Work, labor or personal services.

No action for recovary upon a claim for wages, salary, or overtime for work, labor or personal services performed, or for damages (actual, compensatory or punitive, liquidated or otherwise), or for interest or penalties resulting from the failure to pay any such claim, or for any other benefits arising from such work, labor or personal services performed or in connection with any such action, shall be brought after the expiration of one year from the accruing of the cause of action on which such action is based. (20 Del. Laws, c. 594; Code 1915, ? 4675; Code 1935, ? 5133; 46 Del. Laws, c. 114; 10 Del. C. 1953, ? 8110.)

? 8119. Personal injuries.

No action for the recovary of damages upon a claim for alleged personal injuries shall be brought after the expiration of 2 years from the date upon which it is claimed that such alleged injuries were sustained; subject, however, to the provisions of ? 8127 of this title. (20 Del. Laws, c. 594, ? 1; Code 1915, ? 4675; Code 1935, ? 5133; 10 Del. C. 1953, ? 8118; 52 Del. Laws, c. 339, ? 2; 57 Del. Laws, c. 568, ? 3.)
Commitment to Delaware Personal Injury Clients

We demand strict professional standards. Our lawyers are among the finest in their fields, having resolved many multi-million dollar personal injury cases. We remain passionate about our role as advocates and will treat our clients with respect and compassion. We commit that our lawyers will utilize all available legal advantages and tactics to successfully resolve your personal injury claim.
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Contact one of our personal injury lawyers to discuss your case today. You can submit your personal injury case, or just ask a question, it's free, and you pay absolutely nothing until we win your case.

*The information on this website regarding Statutes of Limitations is for informational purposes only and may not be up to date or accurate.