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Do You Know Delaware’s Personal Injury Case Statute of Limitations?

After an accident occurs, there’s a certain time period where legal action can be taken. That timeframe is called a statute of limitations, and in the state of Delaware, it clearly defines the length of time you have to file a personal injury lawsuit against a person or entity that has caused you harm due to negligence.

If something has happened to you and you’re trying to figure out the time frame to file a personal injury case in Delaware, it’s in your best interest to contact a local personal injury attorney. In doing so, you’re able to employ the skills of a knowledgeable lawyer who can council you on how to proceed.

The attorneys at Rahaim & Saints will make protecting your rights their top priority. We believe in delivering a caliber of personalized service that can’t be matched.

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What Is The Time Frame to File a Personal Injury Case in Delaware?


The amount of time you have to file a personal injury case in Delaware varies depending on the specifics of each case. Here are some general statutes of limitation:

  • Negligence: 2 years
  • Medical Negligence: Plaintiffs are allowed to file claims against healthcare providers within a two-year window from the time the injury occurred. If an injury was unknown and couldn’t be discovered within that two-year window, plaintiffs can file a suit up to three years after the date an injury occurs, but nothing further. Additionally, minors are allowed to file grievances anytime during the first six years of their lives.
  • Product Liability: 2 years
  • Wrongful Death: 2 years From date of death
  • Survival: 2 years

Delaware doesn’t have any limits on economic or non-economic damages. But the state only allows for punitive damages when malicious intent to injure or willful and wanton conduct is clearly proven.

What Kinds of Incidents Can Result in Personal Injury Lawsuits?


You might be wondering what kinds of incidents plaintiffs are able to file personal injury lawsuits over. Here are examples of these types of accidents:

  • Car, truck and motorcycle accidents
  • Premises liability accidents
  • Dog bites or other animal attacks
  • Slipping and falling on someone’s property
  • Retail store negligence
  • Nursing home and treatment center abuse
  • Assault
  • Accidental death

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If you find yourself the victim of any of these kinds of incidents within the last two years, it’s in your best interest to contract a Delaware-based personal injury attorney.

The lawyers at Rahaim & Saints will help you achieve the results that you’re entitled to under the scope of the law. Accidents happen, but that doesn’t mean that you need to suffer forever as a result of them occurring.

By hiring the services of a personal injury attorney, you’re making sure that you get the compensation you deserve. Give us a call today at 302-526-4655 or 302-360-8277 or email us. We’ll get started on working to secure the compensation you deserve.