Your fender bender on I-95 was a few months ago but your lower back is still tight and hurting. Or maybe it’s over a year after the accident and you’ve just now realized the repair shop didn’t fix your car right the first time around. Do you have a legal claim against either for damages? And, if so, what is the deadline for filing the case in court?
Each state has their own laws limiting the available time between an incident and when you can file a civil suit. This is a brief overview of civil statute of limitations laws in Delaware.
Civil Statutes of Limitations
Plaintiffs have time limits for filing civil lawsuits, which differ by the type of claim (in most states). These time limits, referred to as the civil statute of limitations, are meant to help preserve the integrity of evidence and witness testimony. Delaware's civil statute of limitations laws provide a three-year time limit for most cases including personal injury, libel and fraud.
Statutes of Limitations in Delaware
Look at the following table for a complete list of Delaware's civil statute of limitations laws. See Time Limit Considerations in Medical Malpractice Claims for additional information.
| Injury to Person | 2 yrs. Tit. 10 §8119 |
| Libel/Slander | 2 yrs. Tit. 10 §8119 |
| Fraud | - |
| Injury to Personal Property | 2 yrs. Tit. 10 §8107 |
| Professional Malpractice | 2 yrs. Tit. 10 §8119 |
| Trespass | 3 yrs. Tit. 10 §8106 |
| Collection of Rents | - |
| Contracts | Written: 3 yrs. Tit. 10 §8106; Oral: 3 yrs. Tit. 10 §8106 |
| Collection of Debt on Account | 3 yrs. Tit. 10 §8106 |
| Judgments | 5 yrs. Tit. 10 §5072 |
Statutes of limitations on civil cases are intended to create general fairness and reliability when it comes to filing lawsuits. Plaintiffs are required to decide whether to press a lawsuit or not in a timely matter. On the other hand, potential defendants should receive notice that they may have committed some harm against another party, but the limitation means they will not have a legal matter hanging over their head indefinitely.
Related Resources for Delaware Civil Statute of Limitations Laws: You may have a very good legal claim for damages, but if you don’t file your lawsuit within the required statutory limit, it may not matter. You can visit FindLaw’s section on Statute of Limitations in Civil Cases for more general information on this topic.
Get Help With Your Claim From a Delaware Attorney
You think you have a legal claim, but aren't sure how to go about filing your case. The first step down the road to recovery for your injuries is making sure you meet the filing deadline. Delaware's civil statutes of limitation often depend on the nature of the claim such as slip and fall or medical malpractice. To learn more, contact a Delaware litigation attorney today.
