Delaware Civil Statute of Limitations Laws
By FindLaw Staff | Legally reviewed by Garrett Monteagudo, Esq. | Last reviewed January 17, 2023
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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 provides a two-year time limit for most cases including personal injury, libel, and fraud.
Statutes of limitations on civil cases are intended to create general fairness and reliability when 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 heads indefinitely.
This article provides a brief overview of the civil statute of limitations in Delaware.
Statutes of Limitations in Delaware: At a Glance
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 |
Two years (Del C. Tit. 10 § 8119) |
|---|---|
Libel/Slander |
Two years (Del C. Tit. 10 § 8119) |
Fraud |
Two years (Del C. Tit. 10 § 8119) |
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 |
- |
Contracts |
|
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 law(s) 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 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 file 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.
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