How long do you have to sue after an injury in Delaware?
Last checked November 8, 2026
In Delaware you generally have 2 years from the date of your injury to file a lawsuit, under 10 Del. C. § 8119.
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Delaware injury deadlines at a glance
| Situation | Deadline | Law |
|---|---|---|
| Most injuries, including car accidents | 2 years | 10 Del. C. § 8119 |
| Wrongful death | 2 years | 10 Del. C. § 8107 |
What the law says
“No action for the recovery 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”
10 Del. C. § 8119
When does the clock start?
Usually on the day you were hurt. In Delaware, 10 Del. C. § 8119 sets the period. If an injury was discovered later, or the injured person is a minor, the date can change. Confirm it with a lawyer.
What does not stop the clock
Talking to an adjuster, having an open insurance claim or still being in treatment usually does not stop the deadline to sue. Filing the lawsuit on time or reaching a settlement does.
What happens if you miss it?
Usually the court dismisses the case and you lose the right to be paid, even if your claim is strong. That is why it helps to talk to a lawyer well before the date.
Other states with the same deadline
Sources
- 10 Del. C. § 8119, Official text, 2026-11-08
- 10 Del. C. § 8107, Official text, 2026-11-08