{"id":372443,"date":"2016-11-22T11:57:31","date_gmt":"2016-11-22T16:57:31","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/delaware-law\/delaware-statutes-of-limitations.html"},"modified":"2024-10-15T15:19:17","modified_gmt":"2024-10-15T20:19:17","slug":"delaware-statutes-of-limitations","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/delaware-law\/delaware-statutes-of-limitations.html","title":{"rendered":"Delaware Statutes of Limitations"},"content":{"rendered":"\n
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\n \n Delaware Statutes of Limitations\n <\/h1>\n \n Statutes of limitations are time limits for bringing criminal charges or filing a civil lawsuit. \n <\/p>\n <\/div>\n<\/div>\n\n
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\n By Olivia Wathne, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

This section focuses on the two main sets of time limits in Delaware: civil statutes of limitations and criminal statutes of limitations. Understanding these deadlines is crucial. The court can dismiss your case over a missing a deadline.<\/p>\r\n

Whether you are pursuing legal action or defending against a claim, knowing Delaware’s time limits can affect the outcome of your case.<\/p>\r\n

What Is a Statute of Limitation?<\/b><\/h2>\r\n

A statute of limitation is a law that sets the period of time you have to bring a legal claim or start a criminal case after a cause of action happens. This limitation period can vary depending on the type of case, such as personal injury, contract disputes, or other civil matters handled by the Delaware Court of Chancery<\/a>. If the applicable statute of limitations expires, you typically lose the right to sue or press charges. This means your claim is time-barred. But the Delaware Supreme Court<\/a> has interpreted and applied some exceptions. This ensures that statutes of limitations are fair.<\/p>\r\n

Delaware Civil Statutes of Limitations<\/b><\/h2>\r\n

Civil statutes of limitations in Delaware generally range from two to five years. But it depends on the type of claim. Most civil claims, such as personal injury, wrongful death<\/a>, product liability, and tort actions, are subject to a two-year statute of limitations. Claims involving a breach of contract<\/a> vary. For example, written contract disputes have a three-year statute of limitations. Also, you must file actions for breach of fiduciary duty<\/a> or fraud within three years. If a claimant fails to file within the applicable period, their case may become time-barred, meaning they can no longer pursue legal action.<\/p>\r\n

For more detailed information on the specifics of Delaware state laws and civil statutes of limitations, visit FindLaw’s Delaware Civil Statute of Limitations<\/a>.<\/p>\r\n

Delaware Criminal Statutes of Limitations<\/b><\/h2>\r\n

Under Delaware law<\/a>, the criminal statute of limitations ranges from two to 10 years, depending on the offense. But for certain serious crimes, such as particularly heinous murders, there is no time limit for prosecution. The accrual of the limitations period begins when the crime is committed. Tolling may apply in certain situations, such as when the accused is out of state or new evidence is discovered. In some cases, common law principles<\/a> can also influence how and when the statute of limitations applies.<\/p>\r\n

Learn more about Delaware’s criminal statute of limitations: Delaware Criminal Statute of Limitations<\/a>.<\/p>\r\n

Get Legal Advice From a Delaware Attorney<\/b><\/h2>\r\n

It’s important to know how Delaware statutes of limitations apply to your case because your claim can be time-barred if you miss the deadline. Different types of cases \u2014 like personal injury or breach of contract \u2014 have different time limits. A Delaware attorney<\/a> can help you determine when your cause of action started and whether any rules, like tolling, apply to extend your time. Getting legal advice is the best way to ensure you file your claim on time and protect your rights.<\/p>\r\n\n

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Learn About Delaware Statutes of Limitations<\/h2>\n \n
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