Delaware Personal Injury Laws: Deadlines to Sue, Fault Rules and Damage Caps
Delaware injury rules: deadline to sue, medical malpractice and wrongful death time limits, comparative fault, damage caps, dog bites and auto insurance minimums.
Quick answers for Delaware
- Deadline to sue for an injury
- A lawsuit for personal injuries must be filed within 2 years from the date the injuries were sustained. Del. Code tit. 10, § 8119
- Fault rule (comparative negligence)
- Modified comparative negligence (51% bar). An injured person whose negligence was not greater than the negligence of the defendant (or of all defendants combined) can recover, but damages are reduced by his or her percentage of negligence. Del. Code tit. 10, § 8132
- Wrongful death deadline
- A wrongful death lawsuit must be filed within 2 years after the claim accrues. A death caused by medical negligence falls under the medical negligence deadline (generally 2 years from the injury). Del. Code tit. 10, § 8107; tit. 18, § 6856
- Minimum car insurance
- Every registered vehicle must carry liability insurance of at least $25,000 for injury or death of one person, $50,000 for two or more people in one accident, and $10,000 for property damage (25/50/10). Del. Code tit. 21, §§ 2118, 2902
Last verified: 2026-10-27
Deadlines to file
| Deadline to sue for an injury | A lawsuit for personal injuries must be filed within 2 years from the date the injuries were sustained. Re-verified 2026-10-27. Source: Del. Code tit. 10, § 8119 |
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| Deadline to sue for property damage | A lawsuit for injury to personal property (such as a vehicle) must be filed within 2 years after the claim accrues. Actions for trespass, and for damages caused by an injury "unaccompanied with force or resulting indirectly" from the defendant's act, have 3 years. Re-verified 2026-10-27. Source: Del. Code tit. 10, §§ 8107, 8106 |
| Medical malpractice deadline | A medical negligence claim against a health care provider (including one resulting in death) must be filed within 2 years from the date of the injury. If the injury could not reasonably have been discovered within those 2 years, the claim may be filed up to 3 years from the date of injury, and not after. A child under 6 has until the later of those deadlines or the child's 6th birthday. Sending a Notice of Intent to investigate to each potential defendant by certified mail extends the deadline by up to 90 days. Re-verified 2026-10-27. Source: Del. Code tit. 18, § 6856 |
| Wrongful death deadline | A wrongful death lawsuit must be filed within 2 years after the claim accrues. A death caused by medical negligence falls under the medical negligence deadline (generally 2 years from the injury). Re-verified 2026-10-27. |
| Suing the government | Under the County and Municipal Tort Claims Act, counties, cities, towns and similar local entities are immune from tort suits except in listed situations, such as negligent ownership, maintenance or use of motor vehicles and equipment, and construction, operation or maintenance of public buildings. Damages against a local government and its employees are capped at $300,000 for all claims from a single occurrence, unless the entity buys more insurance. A local government may adopt a notice-of-claim ordinance, but it cannot bar a suit if notice is given within 1 year of the occurrence. Re-verified 2026-10-27. Source: Del. Code tit. 10, §§ 4010-4013 |
Fault and damages
| Fault rule (comparative negligence) | Modified comparative negligence (51% bar). An injured person whose negligence was not greater than the negligence of the defendant (or of all defendants combined) can recover, but damages are reduced by his or her percentage of negligence. Re-verified 2026-10-27. Source: Del. Code tit. 10, § 8132 |
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| Punitive damages | In wrongful death cases, punitive damages are allowed only if the death was maliciously intended or resulted from reckless, wilful or wanton misconduct, and must be stated in a separate finding. In medical negligence cases, punitive damages are allowed only if the injury was maliciously intended or resulted from wilful or wanton misconduct by the provider, also as a separate finding. No general punitive damages statute or cap for other injury cases was found in the sections reviewed. Re-verified 2026-10-27. |
Wrongful death
| Who can sue for wrongful death | A wrongful death action is for the benefit of the deceased person's spouse, parents, children and siblings; if there are none, it is for the benefit of anyone related to the deceased by blood or marriage. Damages are divided among the beneficiaries as the verdict directs, and only one action may be brought for a death. Damages for mental anguish are limited to certain close family members in a set order. The statute names the beneficiaries but does not say which person files the lawsuit. Re-verified 2026-10-27. Source: Del. Code tit. 10, §§ 3722, 3724 |
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| Wrongful death deadline | A wrongful death lawsuit must be filed within 2 years after the claim accrues. A death caused by medical negligence falls under the medical negligence deadline (generally 2 years from the injury). Re-verified 2026-10-27. |
Car accidents and dog bites
| Reporting a crash to police | After stopping and exchanging information, a driver must immediately report a collision to the police agency for that location when it causes injury or death, when it happens on a public highway and causes apparent property damage of $2,000 or more, or when a driver appears impaired by alcohol or drugs. Other collisions may be reported voluntarily. Police must complete the State of Delaware Uniform Traffic Collision Report for reported collisions involving injury, death, an impaired driver, or apparent damage of $2,000 or more (§ 4203(d)). Re-verified 2026-10-27. Source: 21 Del. C. § 4203(a)-(b) |
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| Crash report to the DMV | Delaware law does not set a routine driver-filed crash report; the police complete the Uniform Traffic Collision Report. The Department of Safety and Homeland Security may require drivers (or police) to file supplemental reports on its forms when it finds the original report insufficient. Those reports are confidential and cannot be used as evidence at trial except to show the report was made. No fixed deadline for a supplemental report is stated in § 4203. Re-verified 2026-10-27. Source: 21 Del. C. § 4203(d)-(e) |
| Leaving the scene (hit and run) | A driver in a collision that damages property must stop immediately, check whether anyone is hurt, move a blocking vehicle if no one is injured, and give name, address, vehicle registration and driver license to the other driver or property owner. In an injury or death collision the driver must also give reasonable help, such as taking the person for medical care or calling police or emergency services and waiting. Leaving a property-damage collision: fine of $230 to $1,150 or 60 days to 6 months in jail, plus a 6-month license revocation. Leaving an injury collision: misdemeanor, $1,000 to $3,000 fine or 1 to 2 years in jail, plus 1-year revocation. Leaving a fatal collision: class E felony with at least 1 year in prison, plus 2-year revocation. If only the driver's own property is damaged, the driver need not stay but must report as required by § 4203. Re-verified 2026-10-27. Source: 21 Del. C. §§ 4201, 4202 |
| Minimum car insurance | Every registered vehicle must carry liability insurance of at least $25,000 for injury or death of one person, $50,000 for two or more people in one accident, and $10,000 for property damage (25/50/10). Delaware also requires personal injury protection (PIP) of at least $15,000 per person and $30,000 per accident for medical expenses, lost earnings and similar costs incurred within 2 years of the accident (funeral costs up to $5,000), plus $10,000 coverage for damage to property other than vehicles. PIP covers occupants of the insured vehicle and pedestrians it hits. Re-verified 2026-10-27. Source: Del. Code tit. 21, §§ 2118, 2902 |
| Dog bites | Strict liability. A dog owner is liable for any injury, death or loss to a person or property caused by the dog, unless the injured person was trespassing or committing (or trying to commit) a crime on the owner's property, committing a crime against any person, or teasing, tormenting or abusing the dog. Re-verified 2026-10-27. Source: Del. Code tit. 16, § 3053F |
Slip, trip and fall injuries
| Slip and fall: property owner's duty | Slip and fall / premises liability: in Delaware, a business owner or landowner must keep the areas of the premises ordinarily used by customers reasonably safe and is responsible for injuries caused by defects or conditions it actually knew of or could have discovered by a reasonably prudent inspection; the owner is not an insurer of the invitee's safety, and negligence is not presumed just because an invitee was hurt. An owner in exclusive control must inspect, and then repair or warn of dangers a prudent inspection would reveal. Under Delaware's premises guest statute, a guest without payment (a licensee) or a trespasser cannot recover unless the owner or occupier caused the injury intentionally or by willful or wanton disregard of the person's rights. Instruction 15.8 cites 25 Del. C. § 1501 (the guest statute); the statute text itself was not read. |
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| Falls on snow and ice | Falls on snow and ice: a Delaware business owner or occupier must keep the premises, including sidewalks and entry ramps, reasonably safe from hazards of natural accumulations of ice and snow, and merely warning invitees is not enough. Under the continuing-storm rule, the owner may wait until the snowfall ends and a reasonable time afterward before acting. Source listed in the instruction: Laine v. Speedway, LLC, 177 A.3d 1227 (Del. 2018) (continuing storm doctrine). |
| Sidewalk falls: who is responsible | Public sidewalks: under Delaware's County and Municipal Tort Claims Act, counties, cities and other local governmental entities are immune from damage claims for any defect, lack of repair or insufficient railing in a highway, sidewalk, parking area, bridge and similar public ways. Their liability for negligence is limited to listed exceptions (vehicles and equipment, public buildings, and pollutant discharges), and the sidewalk immunity applies notwithstanding those exceptions. Whether abutting owners are liable for public sidewalks was not addressed in the sections read. Source: 10 Del. C. §§ 4011(b)(6), 4012 |
| Claims against a city or county | Claims against a county or city: Delaware local governmental entities are immune from tort suits except where a statute provides otherwise; they are liable for negligence only in listed situations (motor vehicles and equipment, construction, operation or maintenance of public buildings, and sudden pollutant releases). Recovery is capped at $300,000 per occurrence against the political subdivision and its employees combined, including costs, unless the entity carries more insurance. A political subdivision may require notice of claim by ordinance, but cannot bar a suit if notice was given within one year of the occurrence. Source: 10 Del. C. §§ 4011, 4012, 4013 |
| Injuries on land used for recreation | Landowners who open land for recreation: a Delaware owner (including a tenant, lessee or occupant) owes no duty to keep land safe for people entering for recreational purposes such as hunting, fishing, swimming, boating, camping, hiking or sightseeing, or to warn them of dangers, whether they entered with or without permission. The protection does not apply to willful or malicious failure to guard or warn against a dangerous condition, use, structure or activity, or where the owner charges an admission price or fee for entry (lease payments from the state or a subdivision do not count). Source: 7 Del. C. §§ 5902, 5903, 5906 |
Motorcycle, pedestrian, bicycle, Uber/Lyft and truck crashes
| Motorcycle helmet law | Motorcycle helmets: in Delaware, riders under 19 (operators and passengers) and, for the first two years, anyone who got a motorcycle endorsement on or after July 30, 2023 (and that rider's passengers) must wear an approved helmet and eye protection. Other adult riders must have an approved helmet in their possession and wear approved eye protection. The penalty is a civil assessment of $25 to $50. The statute does not address damages. Source: 21 Del. C. § 4185(b) |
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| Pedestrian right-of-way | Pedestrian right of way: where signals are not in place or not working, or a vehicle is turning at an intersection, drivers must yield (slowing or stopping) to a pedestrian in a crosswalk who is on the driver's half of the road or approaching closely from the other half, and may not pass a vehicle stopped for a pedestrian at a crosswalk. Pedestrians may not suddenly step into the path of a vehicle too close to stop. A pedestrian crossing outside a marked or unmarked crosswalk must yield to all vehicles, may cross between adjacent signal-controlled intersections only in a marked crosswalk, and may not cross diagonally unless signals allow it. Every driver must use due care to avoid hitting pedestrians. Source: 21 Del. C. §§ 4142, 4143, 4144 |
| Bicycle laws | Bicycles: a person riding a bicycle has the same rights and duties as other drivers, generally rides in the right half of the road, and may ride no more than two abreast. A driver passing a bicycle must move completely into the left lane where there are two or more same-direction lanes; in a single lane wide enough to share, the driver must slow down and pass at a reasonable distance that is never less than 3 feet. Riders and passengers under 18 must wear an approved, fastened helmet, and parents can be fined $25 to $50. Riders on sidewalks must yield to pedestrians and give an audible signal before passing, and sidewalk riding is barred where signs prohibit it. Passing: https://delcode.delaware.gov/title21/c041/sc03/index.html . |
| Uber and Lyft insurance | Uber/Lyft insurance: while a transportation network company (TNC) driver is logged on and available but not on a prearranged ride, primary liability coverage of at least $50,000 per person and $100,000 per incident for death and bodily injury and $25,000 for property damage is required, plus personal injury protection where required and uninsured/underinsured motorist coverage of at least $100,000 per incident. During a prearranged ride, primary liability coverage of at least $1,000,000 for death, bodily injury and property damage is required, plus uninsured/underinsured motorist coverage of at least $1,000,000 per incident. The coverage may come from the driver or the TNC; if the driver's insurance lapses or falls short, the TNC's insurance must cover from the first dollar. Source: 2 Del. C. § 1908 |
Construction accidents
| Construction site injuries | Construction injuries: under Delaware's workers' comp law, employers and employees must accept compensation for work injuries regardless of negligence and to the exclusion of all other rights and remedies. Accepting compensation does not prevent the injured worker from suing a third party (such as another contractor or an equipment maker) whose negligence caused the injury; the employer or insurer is reimbursed from the recovery. No scaffold-law statute was searched for or reviewed. Source: 19 Del. C. §§ 2304, 2363 |
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Personal Injury & Wrongful Death FAQ
What is the statute of limitations for personal injury in Delaware?
A lawsuit for personal injuries must be filed within 2 years from the date the injuries were sustained.
How long do you have to sue for property damage in Delaware?
A lawsuit for injury to personal property (such as a vehicle) must be filed within 2 years after the claim accrues. Actions for trespass, and for damages caused by an injury "unaccompanied with force or resulting indirectly" from the defendant's act, have 3 years.
What is the statute of limitations for medical malpractice in Delaware?
A medical negligence claim against a health care provider (including one resulting in death) must be filed within 2 years from the date of the injury. If the injury could not reasonably have been discovered within those 2 years, the claim may be filed up to 3 years from the date of injury, and not after. A child under 6 has until the later of those deadlines or the child's 6th birthday. Sending a Notice of Intent to investigate to each potential defendant by certified mail extends the deadline by up to 90 days.
How long do you have to file a wrongful death lawsuit in Delaware?
A wrongful death lawsuit must be filed within 2 years after the claim accrues. A death caused by medical negligence falls under the medical negligence deadline (generally 2 years from the injury).
Who can file a wrongful death lawsuit in Delaware?
A wrongful death action is for the benefit of the deceased person's spouse, parents, children and siblings; if there are none, it is for the benefit of anyone related to the deceased by blood or marriage. Damages are divided among the beneficiaries as the verdict directs, and only one action may be brought for a death. Damages for mental anguish are limited to certain close family members in a set order.
Can you recover damages if you were partly at fault in Delaware?
Modified comparative negligence (51% bar). An injured person whose negligence was not greater than the negligence of the defendant (or of all defendants combined) can recover, but damages are reduced by his or her percentage of negligence.
When can you get punitive damages in Delaware?
In wrongful death cases, punitive damages are allowed only if the death was maliciously intended or resulted from reckless, wilful or wanton misconduct, and must be stated in a separate finding. In medical negligence cases, punitive damages are allowed only if the injury was maliciously intended or resulted from wilful or wanton misconduct by the provider, also as a separate finding.
How do you file an injury claim against the government in Delaware?
Under the County and Municipal Tort Claims Act, counties, cities, towns and similar local entities are immune from tort suits except in listed situations, such as negligent ownership, maintenance or use of motor vehicles and equipment, and construction, operation or maintenance of public buildings. Damages against a local government and its employees are capped at $300,000 for all claims from a single occurrence, unless the entity buys more insurance. A local government may adopt a notice-of-claim ordinance, but it cannot bar a suit if notice is given within 1 year of the occurrence.
Is a dog owner liable for a dog bite in Delaware?
Strict liability. A dog owner is liable for any injury, death or loss to a person or property caused by the dog, unless the injured person was trespassing or committing (or trying to commit) a crime on the owner's property, committing a crime against any person, or teasing, tormenting or abusing the dog.
What is the minimum car insurance required in Delaware?
Every registered vehicle must carry liability insurance of at least $25,000 for injury or death of one person, $50,000 for two or more people in one accident, and $10,000 for property damage (25/50/10). Delaware also requires personal injury protection (PIP) of at least $15,000 per person and $30,000 per accident for medical expenses, lost earnings and similar costs incurred within 2 years of the accident (funeral costs up to $5,000), plus $10,000 coverage for damage to property other than vehicles. PIP covers occupants of the insured vehicle and pedestrians it hits.
When do you have to report a car accident to the police in Delaware?
After stopping and exchanging information, a driver must immediately report a collision to the police agency for that location when it causes injury or death, when it happens on a public highway and causes apparent property damage of $2,000 or more, or when a driver appears impaired by alcohol or drugs. Other collisions may be reported voluntarily.
Do you have to report a car accident to the DMV in Delaware?
Delaware law does not set a routine driver-filed crash report; the police complete the Uniform Traffic Collision Report. The Department of Safety and Homeland Security may require drivers (or police) to file supplemental reports on its forms when it finds the original report insufficient. Those reports are confidential and cannot be used as evidence at trial except to show the report was made.
What are your duties after a car accident in Delaware?
A driver in a collision that damages property must stop immediately, check whether anyone is hurt, move a blocking vehicle if no one is injured, and give name, address, vehicle registration and driver license to the other driver or property owner. In an injury or death collision the driver must also give reasonable help, such as taking the person for medical care or calling police or emergency services and waiting. Leaving a property-damage collision: fine of $230 to $1,150 or 60 days to 6 months in jail, plus a 6-month license revocation. Leaving an injury collision: misdemeanor, $1,000 to $3,000 fine or 1 to 2 years in jail, plus 1-year revocation. Leaving a fatal collision: class E felony with at least 1 year in prison, plus 2-year revocation.
Who is responsible if you slip and fall on someone's property in Delaware?
Slip and fall / premises liability: in Delaware, a business owner or landowner must keep the areas of the premises ordinarily used by customers reasonably safe and is responsible for injuries caused by defects or conditions it actually knew of or could have discovered by a reasonably prudent inspection; the owner is not an insurer of the invitee's safety, and negligence is not presumed just because an invitee was hurt. An owner in exclusive control must inspect, and then repair or warn of dangers a prudent inspection would reveal. Under Delaware's premises guest statute, a guest without payment (a licensee) or a trespasser cannot recover unless the owner or occupier caused the injury intentionally or by willful or wanton disregard of the person's rights.
Can you sue for slipping on ice or snow in Delaware?
Falls on snow and ice: a Delaware business owner or occupier must keep the premises, including sidewalks and entry ramps, reasonably safe from hazards of natural accumulations of ice and snow, and merely warning invitees is not enough. Under the continuing-storm rule, the owner may wait until the snowfall ends and a reasonable time afterward before acting.
Who is liable if you trip and fall on a sidewalk in Delaware?
Public sidewalks: under Delaware's County and Municipal Tort Claims Act, counties, cities and other local governmental entities are immune from damage claims for any defect, lack of repair or insufficient railing in a highway, sidewalk, parking area, bridge and similar public ways. Their liability for negligence is limited to listed exceptions (vehicles and equipment, public buildings, and pollutant discharges), and the sidewalk immunity applies notwithstanding those exceptions.
How long do you have to file a claim against a city or county in Delaware?
Claims against a county or city: Delaware local governmental entities are immune from tort suits except where a statute provides otherwise; they are liable for negligence only in listed situations (motor vehicles and equipment, construction, operation or maintenance of public buildings, and sudden pollutant releases). Recovery is capped at $300,000 per occurrence against the political subdivision and its employees combined, including costs, unless the entity carries more insurance. A political subdivision may require notice of claim by ordinance, but cannot bar a suit if notice was given within one year of the occurrence.
Is a landowner liable for injuries on land used for recreation in Delaware?
Landowners who open land for recreation: a Delaware owner (including a tenant, lessee or occupant) owes no duty to keep land safe for people entering for recreational purposes such as hunting, fishing, swimming, boating, camping, hiking or sightseeing, or to warn them of dangers, whether they entered with or without permission. The protection does not apply to willful or malicious failure to guard or warn against a dangerous condition, use, structure or activity, or where the owner charges an admission price or fee for entry (lease payments from the state or a subdivision do not count).
Do you have to wear a motorcycle helmet in Delaware?
Motorcycle helmets: in Delaware, riders under 19 (operators and passengers) and, for the first two years, anyone who got a motorcycle endorsement on or after July 30, 2023 (and that rider's passengers) must wear an approved helmet and eye protection. Other adult riders must have an approved helmet in their possession and wear approved eye protection. The penalty is a civil assessment of $25 to $50. The statute does not address damages.
Who has the right of way, a pedestrian or a driver, in Delaware?
Pedestrian right of way: where signals are not in place or not working, or a vehicle is turning at an intersection, drivers must yield (slowing or stopping) to a pedestrian in a crosswalk who is on the driver's half of the road or approaching closely from the other half, and may not pass a vehicle stopped for a pedestrian at a crosswalk. Pedestrians may not suddenly step into the path of a vehicle too close to stop. A pedestrian crossing outside a marked or unmarked crosswalk must yield to all vehicles, may cross between adjacent signal-controlled intersections only in a marked crosswalk, and may not cross diagonally unless signals allow it. Every driver must use due care to avoid hitting pedestrians.
What are the bicycle laws in Delaware?
Bicycles: a person riding a bicycle has the same rights and duties as other drivers, generally rides in the right half of the road, and may ride no more than two abreast. A driver passing a bicycle must move completely into the left lane where there are two or more same-direction lanes; in a single lane wide enough to share, the driver must slow down and pass at a reasonable distance that is never less than 3 feet. Riders and passengers under 18 must wear an approved, fastened helmet, and parents can be fined $25 to $50. Riders on sidewalks must yield to pedestrians and give an audible signal before passing, and sidewalk riding is barred where signs prohibit it.
What insurance must Uber and Lyft drivers have in Delaware?
Uber/Lyft insurance: while a transportation network company (TNC) driver is logged on and available but not on a prearranged ride, primary liability coverage of at least $50,000 per person and $100,000 per incident for death and bodily injury and $25,000 for property damage is required, plus personal injury protection where required and uninsured/underinsured motorist coverage of at least $100,000 per incident. During a prearranged ride, primary liability coverage of at least $1,000,000 for death, bodily injury and property damage is required, plus uninsured/underinsured motorist coverage of at least $1,000,000 per incident. The coverage may come from the driver or the TNC; if the driver's insurance lapses or falls short, the TNC's insurance must cover from the first dollar.
Can you sue for a construction accident in Delaware?
Construction injuries: under Delaware's workers' comp law, employers and employees must accept compensation for work injuries regardless of negligence and to the exclusion of all other rights and remedies. Accepting compensation does not prevent the injured worker from suing a third party (such as another contractor or an equipment maker) whose negligence caused the injury; the employer or insurer is reimbursed from the recovery.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.