Deadlines to File an Injury Lawsuit in Delaware

A lawsuit for personal injuries must be filed within 2 years from the date the injuries were sustained.

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.

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.

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).

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.