Delaware Civil Statute of Limitations Laws
By Olivia Wathne, Esq. | Legally reviewed by FindLaw Staff | Last reviewed April 18, 2025
This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.
The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. 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.
Plaintiffs have time limits for filing civil lawsuits, which differ by the type of claim (in most states). These time limits, known as the civil statute of limitations, aim to help preserve the integrity of evidence and witness testimony. Delaware's civil statute of limitations laws give a two-year statute of limitations for most cases, including personal injury cases, libel, and fraud.
Statutes of limitations on civil cases aim to create general fairness and reliability when filing lawsuits. Plaintiffs must decide whether to press a lawsuit promptly. But, potential defendants should get notice that they may have committed some harm against another party. The limitations period means they will not have a legal matter hanging over their heads indefinitely.
This article provides a brief overview of the civil statute of limitations in the state of Delaware. If you need help with a lawsuit, contact a Delaware litigation attorney.
Statutes of Limitations in Delaware: At a Glance
See the following table for an overview of Delaware statutes of limitations for civil claims, as outlined by Delaware Code Title 10, Courts and Judicial Procedure. For more specific details on time period considerations related to medical malpractice claims and potential causes of action, see our Time Limit Considerations in Medical Malpractice Claims page.
| Injury to person | Two years (Del C. Tit. 10 § 8119) |
|---|---|
| Libel/slander/defamation | Two years (Del C. Tit. 10 § 8119) |
| Fraud | Two years (Del C. Tit. 10 § 8119) |
| Wrongful death and injury to personal property | Two years (Del. C. Tit. 10 § 8107) |
| Professional malpractice | Two years (Del C. Tit. 10 § 8119 and Del C. Tit. 18 § 6856) |
| Trespass | Three years (Del C. Tit. 10 § 8106) |
| Collection of rents | Four years (Del C. Tit. 6 § 2A-506) |
| Breach of contract |
|
| Collection of debt on account | Three years (Del C. Tit. 10 § 8106) |
| Judgments | Five years (Del C. Tit. 10 § 5072) |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state laws you are researching.
Related Resources for 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 pages on the Statute of Limitations in Civil Cases or Delaware Statutes of Limitations for more information on this topic.
Get Help With Your Claim From a Delaware Attorney
If you believe you have a legal claim but are unsure how to file, seek legal advice from a Delaware attorney. The first step toward recovering from your injuries is to ensure you meet the filing deadline. Delaware law stipulates specific civil statutes of limitation that vary based on the nature of your legal issue, such as slip-and-fall accidents or medical malpractice.
For accurate legal information and guidance tailored to your situation, consulting with an attorney can help you navigate the complexities of Delaware's statutes and ensure your claim gets filed properly.
Stay up-to-date with how the law affects your life
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.