Statute of Limitations in Delaware

How long do you have to file a lawsuit in Delaware? In Delaware, the statute of limitations is 2 years for personal injury, 3 years for written contracts and 2 years for defamation; most other civil claims fall between 2 and 3 years. Every period below is linked to its official Delaware statute.

2 yrs injury 3 yrs contracts 2 yrs defamation Official citations Verified Jun 12, 2026

This tool provides estimates for general informational purposes only and is not legal advice. Limitation periods depend on discovery rules, tolling, statutes of repose, and the specific facts. Always verify against the cited statute or consult a Delaware attorney.

Delaware statute of limitations by claim type

Every Delaware civil deadline below is quoted from the statute and linked to its official text. Verified 2026-06-12 against the official Delaware statutes (delcode.delaware.gov).

Delaware statute of limitations by claim type
Claim type	Limitation period	Statute	Notes
Personal injury	2 years	10 Del. C. § 8119
Wrongful death	2 years	10 Del. C. § 8107	2 years from death
Written contract	3 years	10 Del. C. § 8106
Oral contract	3 years	10 Del. C. § 8106
Property damage	2 years	10 Del. C. § 8107	injury to personal property; 2 years
Medical malpractice	2 years	18 Del. C. § 6856	2 yrs from the injury; up to 3 yrs if not reasonably discoverable
Defamation (libel/slander)	2 years	10 Del. C. § 8119
Debt collection	3 years	10 Del. C. § 8106

Enter a date of incident in the lookup above to estimate your exact filing deadline and add a reminder to your calendar.

Delaware deadlines at a glance

In Delaware, civil filing deadlines run from 2 years (personal injury, wrongful death, property damage, medical malpractice and defamation) to 3 years (written contract, oral contract and debt collection). Its 2 years personal-injury deadline is in line with most states.

Several Delaware claims carry specific accrual, discovery, or repose rules worth noting:

Wrongful death (2 years): 2 years from death (10 Del. C. § 8107).
Property damage (2 years): injury to personal property; 2 years (10 Del. C. § 8107).
Medical malpractice (2 years): 2 yrs from the injury; up to 3 yrs if not reasonably discoverable (18 Del. C. § 6856).

New to limitation periods? Read what a statute of limitations is: how the clock accrues, the discovery rule, and tolling.

The most-searched Delaware deadlines

Personal injury & car accidents: 2 years. Injury claims must be filed within 2 years of the incident (10 Del. C. § 8119).
Debt: 3 years. Most debt is time-barred after 3 years (10 Del. C. § 8106). A payment or written acknowledgment can restart the clock, so respond to a collector with a validation or dispute letter. Find a letter template →
Defamation: 2 years. Libel and slander (10 Del. C. § 8119).
Contracts: 3 years. Written agreements (10 Del. C. § 8106).

Count the exact filing date

A limitation period gives you the year; the deadline calculator counts the precise date (answer windows, court days, and holidays included) and exports it to your calendar.

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Statute of limitations in other states

Limitation periods differ in every state. Browse the full 50-state lookup, or jump to a nearby state.

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Nearby states: Maryland · New Jersey · Pennsylvania · California · Texas · Florida

Delaware statute of limitations FAQ

How long do you have to file a lawsuit in Delaware?

It depends on the claim. In Delaware, personal injury is 2 years (10 Del. C. § 8119); written contract is 3 years (10 Del. C. § 8106); defamation is 2 years (10 Del. C. § 8119). See the table above for every claim type, each linked to its official statute.

What is the statute of limitations in Delaware?

A statute of limitations is the legal deadline to start a lawsuit, and in Delaware it varies by claim type: 2 years for personal injury, 3 years for written contracts and 2 years for defamation, with most other civil claims between 2 and 3 years. The clock generally starts when the claim accrues. Every period is linked to its official Delaware statute above.

What is the statute of limitations for a car accident in Delaware?

A car-accident injury claim is a personal injury claim, so the Delaware deadline is 2 years from the date of the accident under 10 Del. C. § 8119.

What is the statute of limitations on debt in Delaware?

In Delaware, most debt has a statute of limitations of 3 years under 10 Del. C. § 8106. After it expires the debt is time-barred and a collector generally cannot win a lawsuit to force payment. A payment or written acknowledgment can restart the clock, so be careful on an old debt.

What is the statute of limitations for medical malpractice in Delaware?

2 years under 18 Del. C. § 6856 (2 yrs from the injury; up to 3 yrs if not reasonably discoverable).

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