Delaware Statute of Limitations
Delaware statute of limitations for personal injury, contract, debt, and defamation — with statute citations.
Reference tables only — we don't ask for, store, or process any personal information.| Claim type | Limit (years) | Statute |
|---|---|---|
| Personal injury | 2 | Del. Code §10-8119 |
| Medical malpractice | 2 | Del. Code §10-8119 |
| Written contract | 3 | Del. Code §10-8106 |
| Oral contract | 3 | Del. Code §10-8106 |
| Debt / open account | 3 | Del. Code §10-8106 |
| Defamation | 2 | Del. Code §10-8119 |
| Property damage | 3 | Del. Code §10-8119 |
| Wrongful death | 2 | Del. Code §10-8119 |
Source: state statutes, last reviewed 2026. Verify with the current code before relying on any deadline.
Frequently Asked Questions
What is a statute of limitations?
It is the legal deadline to file a lawsuit. Once the time runs out, a court will normally dismiss the case even if the claim is valid.
When does the clock start?
Usually when the harm is discovered or should have been discovered. Some claims use a "discovery rule," others start on the date of the event. State law controls.
Can the deadline be extended?
Sometimes. Minors, incapacitated people, or defendants who leave the state may get extra time (tolling). The rules vary by state and claim type.
Does this table give legal advice?
No. StatuteLimits is a reference only. Confirm the current deadline with the state code or a licensed attorney before relying on it.