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Delaware Personal Injury Lawsuit Statute Of Limitations

A statute of limitations is a common legal term outlining the time frame during which legal action can be taken regarding a certain legal issue. In terms of personal injury law in Delaware the statute of limitations describes the time period you have to file a personal injury lawsuit against the negligent party or entity.

If you have been injured in a Delaware Premises Liability accident it is in your best interest to consult with a skilled Delaware Personal Injury Attorney. Please call The Delaware Injury Lawyers at Rahaim & Saints regarding your case. They can be reached at 302-526-4655. Or, click here to email them. Let them make protecting your rights their number one priority.

Delaware Personal Injury Lawsuit Statute Of Limitations


Below are the statutes of limitations for various types of personal injury lawsuits in Delaware

  • Negligence - 2 years
    • Medical Negligence- Claims against health care providers must be brought within two years of the date that the injury occurred. If the injury was unknown and could not have discovered within the two-year time limit, the action may be brought within three years of the date of the injury, but in no event after the expiration of three years. Finally, minors under six have until their sixth birthday to file suit or within the two-year limitations period, whichever time period is greater.
  • Product Liability - 2 years
  • Wrongful Death - 2 years From Date Of Death
  • Survival- 2 years

In Delaware there are no limits on economic or non-economic damages. Delaware allows for punitive damages only when there is a finding of malicious intent to injure or willful and wanton conduct on the part of the defendant.

Types Of Accidents Resulting In Personal Injury Lawsuits


In Delaware there are many types of accidents that can result in a personal injury lawsuit. These include: car, truck and motorcycle accidents. Premises liability accidents, dog bites/animal attacks, slips and falls on someone's property, retail store negligence, nursing home and treatment center abuse, assault and accidental death. If you have been injured in any of these types of accidents within the last 2 years it in your best interest to speak to a Delaware Personal Injury Attorney.

Contact A Delaware Premises Liability Lawyer


Being injured due to another's negligence can exert severe consequences on your life. Time is on your side in the very beginning. As you get closer to the 2 years from date of accident mark filing a personal injury lawsuit is very important. If you are concerned about your injuries and the statute of limitations expiring please call Rahaim & Saints LLP at 302-526-4655 or 302-360-8277. Or, email the firm by clicking here.