Key facts: Delaware
- When the clock starts
- Generally the date of injury for personal injury claims; the date of death for wrongful death. Delaware follows the discovery rule for most negligence claims, which delays accrual when the injury was not, or could not reasonably have been, discovered at the time.
- Last verified
- 2026-05-22
- Source type
- Primary (state code or court opinion)
Details and exceptions for Delaware
Two years from the date of injury for PI, and two years from the date of death for wrongful death. Claims against the State require notice under 10 Del. Code § 4001. Minor tolling available under 10 Del. Code § 8116.
Related: Delaware comparative negligence rule
Delaware follows a modified 51% bar rule. Modified comparative negligence with a 51% bar; recovery is allowed when the plaintiff’s negligence is "not greater than" the defendant’s or combined defendants’.
Read the full Delaware comparative negligence rule →This page is informational and does not constitute legal advice. Notice deadlines for claims against governmental units, medical malpractice, intentional torts, and other special categories run on separate tracks and can be much shorter. Confirm the controlling rule with a licensed Delaware attorney before relying on it.