Civil statutes of limitations
How long do you have to sue in Delaware?
A statute of limitations is a hard filing deadline. File even one day after it and a court will almost always throw the case out permanently — no matter how strong it is. Among the nine claims on this page, the shortest in Delaware is 2 years.
Were you fired, treated unfairly at work, or harmed by a government agency? Those claims are not on this page and often have much shorter deadlines — sometimes only a few months (for example, many job-discrimination claims must be filed with the EEOC or a state agency within about 180 days; many claims against a government can require notice in 6 months or less). If that's you, your clock may be running out right now — contact an attorney or legal aid today.
If you think you might have a claim, treat the clock as already running. The deadline for your situation can be shorter than the table below — and missing it is usually fatal to the case.
Find free legal help in Delaware →Filing deadlines by type of claim
statutory period · longer ≠ more time for youBar length is the number of years the statute allows; color flags how little time that is. disc. = a discovery rule may start the clock when you discover the harm, not when it happened. repose = an outer limit that can bar a claim even before you discover it.
What to do today
- Find the date you were harmed — the injury, the contract breach, the death, the day you discovered it.
- Compare it to the shortest deadline above that fits your situation. If you're anywhere close, treat today as your deadline, not the statutory date.
- Contact an attorney or free legal aid in Delaware now. Even if the deadline looks past, the discovery rule or tolling may still help — don't decide that yourself; ask someone licensed.
The statute for each claim
Defamation (libel / slander)
2 years10 Del. Code § 8119 RECORDED the statute as written — verify at the cited code
- • Single-publication rule; standard tolling.
Medical malpractice
2 years18 Del. Code § 6856 RECORDED the statute as written — verify at the cited code
- • Statute of repose: 3 years — an outer cutoff that can bar the claim even if the discovery rule would otherwise extend it.
- • Minors under 6 have until 6th birthday or SOL expiration, whichever later.
Personal injury
2 years10 Del. Code § 8119 RECORDED the statute as written — verify at the cited code
- • Standard tolling for minors and incompetents.
Product liability
2 years10 Del. Code § 8119 RECORDED the statute as written — verify at the cited code
- • No statute of repose for general products in Delaware.
Property damage
2 years10 Del. Code § 8107 RECORDED the statute as written — verify at the cited code
- • Standard tolling for minors and incompetents.
Wrongful death
2 years10 Del. Code § 8107 RECORDED the statute as written — verify at the cited code
- • Med-mal wrongful death uses 18 § 6856.
Contract oral
3 years10 Del. Code § 8106 RECORDED the statute as written — verify at the cited code
- • Standard tolling for minors and incompetents.
Contract written
3 years10 Del. Code § 8106 RECORDED the statute as written — verify at the cited code
- • Statute of repose: 20 years — an outer cutoff that can bar the claim even if the discovery rule would otherwise extend it.
- • UCC sales 4 yrs under § 2-725.
Fraud
3 years10 Del. Code § 8106 RECORDED the statute as written — verify at the cited code
- • Discovery rule may apply — the clock can start when you discover the injury, not when it occurred (can give you more time, or can already have started without your knowing).
- • Equitable tolling per Delaware case law.
Why this table is not your actual deadline
These are the statutes Delaware has on the books. Your real deadline depends on facts only a lawyer can sort out:
- When the clock started (accrual) — usually the date of harm, but the discovery rule can move it to when you reasonably should have known.
- Whether it paused (tolling) — being a minor, incapacity, the defendant leaving the state, or fraud can stop or restart the clock.
- A statute of repose — a separate outer limit that can bar a claim even before you discover it.
- Which claim you actually have — the same facts can support several causes of action with different deadlines; the shortest one that applies controls.
The safe move is always to assume less time than you think and talk to an attorney immediately.
What this is — and is not
This page states the published statutory deadlines in Delaware for common civil claims — an informational reference, with each statute citation linked so you can verify it. It is not legal advice, not a calculation of your deadline, and not a substitute for a licensed attorney. Accrual, tolling, and the discovery rule are fact-specific. If you may have a claim, consult an attorney in Delaware immediately; for free help, see civil legal aid in Delaware.
Source: CaseFleet Civil Statute-of-Limitations Reference (2026) · statutes last verified 2026-04-29.
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