Delaware

Disabilities Law Program

Division of Vocational Rehabilitation Department of Labor

ABI Medicaid Waiver Program Delaware Division of Services for Aging and Adults with Physical Disabilities (DSAAP)

Brain Injury Association of Delaware

Statute of Limitations and Repose

How to use this list of Delaware Statutes of Limitations and Repose

• “General Tort” is the statute of limitations for most personal injury or negligence claims (e.g., car accidents, slip and fall, general liability).
• “Medical Malpractice is the statute of limitations for lawsuits against healthcare providers and hospitals for alleged negligence or errors in medical care.  The phrase “from act/omission” = Time starts from the date of the alleged malpractice. The phrase “from discovery” = Time starts from when the injury was discovered or should have been discovered. The medical malpractice statute of repose is an absolute deadline after the act of malpractice, regardless of when the injury is discovered. After this period, no claim can be brought, even if the injury was not discovered until later.
•  “Products Liability”is the statute of limitations for claims involving injuries caused by defective or dangerous products. The products liability statute of repose is the maximum time after the product was manufactured, sold, or delivered that a lawsuit may be filed, regardless of when the injury occurred or was discovered.
• “Workers’ Compensation” is statute of limitations for filing a workers’ compensation claim for work-related injuries or occupational diseases.  The following phrases apply: “from injury” = Time starts from the date of the injury; “from last payment” = Time starts from the date of the last payment; “from knowledge/discovery” = Time starts from when the injury or occupational disease was, or should have been, discovered; “from first symptom” = For occupational diseases, time starts from first manifestation of symptoms; and “from act/discovery” = Whichever is later, the date of the act or the date the injury was discovered.
• Each entry includes the relevant statute citation for your further research or verification. And “N/A” means that there is no statute of repose or not applicable for that claim type in that state.

Remember that statute of limitations and repose can change, so it is essential to:

• Confirm the current law as soon as possible.
• Remember that there is no substitute for consulting an experienced attorney on a potential legal matter as soon as possible.
• Remember that the facts of the case can alter or change the Statutes of Limitations.

General Tort: Del. Code Ann. tit. 10, § 8119 (2 years)

Medical Malpractice: Del. Code Ann. tit. 18, § 6856 (2 years from injury/discovery, 3 years repose)

Products Liability: Del. Code Ann. tit. 10, § 8119 (2 years)

Workers’ Comp: Del. Code Ann. tit. 19, § 2361(a) (2 years from injury)