DE · Filing Deadlines

Delaware Statute of Limitations

Filing deadlines for every common civil claim in Delaware — personal injury, medical malpractice, contracts, fraud, employment, defamation, and more. Each row cites the controlling statute.

Claim type	Deadline	Statute & notes
Personal Injury Bodily injury claims arising from negligence — car accidents, slip-and-falls, dog bites. Generally counted from the date of the injury, sometimes from discovery.	2 years	Del. Code tit. 10 § 8119 ↗ Two years from the date of the injury for most Delaware personal-injury claims. Reviewed Jun 2026
Medical Malpractice Negligence claims against medical professionals. Most states use a discovery rule plus a statute of repose ceiling. Specialized notice-of-intent requirements often apply.	2 years 3-year statute of repose	Del. Code tit. 18 § 6856 ↗ Two years from discovery, capped at three years from the act of malpractice. Reviewed Jun 2026
Wrongful Death Survivor claims for death caused by another's negligence or intentional act. Generally measured from date of death, not date of underlying injury.	2 years	Del. Code tit. 10 § 8107 ↗ Two years from the date of death for wrongful-death claims in Delaware. Reviewed Jun 2026
Product Liability Claims that a defective product caused injury or damage. Most states use a discovery rule with a separate statute of repose for products.	2 years	Del. Code tit. 10 § 8119 ↗ Two years for product-liability personal-injury claims in Delaware. Reviewed Jun 2026
Breach of Written Contract Claims for breach of a contract that is reduced to writing. Generally longer than oral contracts. Note: signed agreements may have additional periods.	3 years	Del. Code tit. 10 § 8106 ↗ Three years for breach of a written contract in Delaware. Contracts under seal extend to 20 years. Reviewed Jun 2026
Breach of Oral Contract Claims for breach of an unwritten oral agreement. Generally shorter periods than written contracts.	3 years	Del. Code tit. 10 § 8106 ↗ Three years for breach of an oral contract in Delaware. Reviewed Jun 2026
Fraud Claims of intentional misrepresentation. Most states apply a discovery rule — the clock starts when the fraud is discovered or reasonably should have been.	3 years Discovery rule applies	Del. Code tit. 10 § 8106 ↗ Three years for fraud claims in Delaware, with a discovery rule. Reviewed Jun 2026
Defamation (Libel & Slander) Claims for libel (written) or slander (spoken) defamation. Typically short statutes. Some states apply a single-publication rule for online content.	2 years	Del. Code tit. 10 § 8119 ↗ Two years for libel or slander in Delaware. Reviewed Jun 2026
Employment Discrimination Claims under Title VII / ADA / ADEA require an EEOC charge typically within 180 or 300 days, plus a 90-day window to sue after right-to-sue notice. State-law parallels may differ.	10 months EEOC: 300 days; DDOL: 300 days	42 U.S.C. § 2000e-5(e)(1); Del. Code tit. 19 § 712 ↗ Federal Title VII charges require an EEOC charge within 300 days; the Delaware Department of Labor handles state discrimination charges within 300 days. Reviewed Jun 2026
Wrongful Termination Claims for unlawful firing — discrimination, retaliation, public-policy, or contract-based. Period depends on the underlying legal theory.	3 years Public-policy tort	Del. Code tit. 10 § 8106 ↗ Three years for wrongful-termination tort claims in Delaware. Reviewed Jun 2026
Property Damage Claims for damage to real or personal property — vehicle crashes, vandalism, trespass, conversion. Some states distinguish negligence from intentional damage.	2 years	Del. Code tit. 10 § 8107 ↗ Two years for damage to or conversion of personal property in Delaware. Reviewed Jun 2026
Debt Collection Time within which a creditor must sue to collect an unpaid debt. Expiration generally bars a lawsuit but does not erase the debt; partial payment may reset the clock.	3 years	Del. Code tit. 10 § 8106 ↗ Three years for written contract debt in Delaware (20 years under seal). Reviewed Jun 2026
Ozempic / Mounjaro Lawsuit Deadlines GLP-1 receptor agonist (Ozempic, Wegovy, Mounjaro, Rybelsus, Trulicity) lawsuits generally follow the state's product-liability statute of limitations, with a discovery-rule extension that begins running when the patient learns of the injury.	2 years Discovery rule typically extends this period from the date of diagnosis.	Del. Code tit. 10 § 8119 ↗ Ozempic / GLP-1 lawsuits in this state typically use the product-liability deadline: Two years for product-liability personal-injury claims in Delaware. Reviewed Jun 2026
Hair Relaxer Cancer Lawsuit Deadlines Hair-relaxer cancer claims (MDL 3060) follow the state's product-liability statute of limitations, often extended by the discovery rule from the date of cancer diagnosis.	2 years Discovery rule typically extends this period from the date of cancer diagnosis.	Del. Code tit. 10 § 8119 ↗ Hair-relaxer cancer claims in this state typically use the product-liability deadline: Two years for product-liability personal-injury claims in Delaware. Reviewed Jun 2026
Tesla Autopilot Accident Lawsuit Deadlines Tesla Autopilot and FSD product-liability personal-injury claims follow the state's personal-injury statute of limitations from the date of the crash.	2 years Discovery rule may apply when the driver-assistance system's role is uncovered later.	Del. Code tit. 10 § 8119 ↗ Tesla Autopilot / FSD crashes in this state typically use the personal-injury deadline: Two years from the date of the injury for most Delaware personal-injury claims. Reviewed Jun 2026
Vaping / JUUL Lawsuit Deadlines Vaping and JUUL personal-injury claims follow the state's product-liability or personal-injury statute of limitations, typically extended by the discovery rule for EVALI and seizures.	2 years Discovery rule applies for EVALI and other latent injuries.	Del. Code tit. 10 § 8119 ↗ Vaping / JUUL personal-injury claims in this state typically use the product-liability deadline: Two years for product-liability personal-injury claims in Delaware. Reviewed Jun 2026
Talc / Baby Powder Cancer Lawsuit Deadlines Talc lawsuits (J&J baby powder, Shower-to-Shower) generally follow the state's product-liability statute of limitations with a discovery rule from the date of ovarian-cancer or mesothelioma diagnosis.	2 years Discovery rule typically extends this period from the date of ovarian-cancer or mesothelioma diagnosis.	Del. Code tit. 10 § 8119 ↗ Talc / Baby Powder cancer claims in this state typically use the product-liability deadline: Two years for product-liability personal-injury claims in Delaware. Reviewed Jun 2026
Tylenol / Acetaminophen Autism Lawsuit Deadlines Tylenol autism / ADHD lawsuits (MDL 3043) generally follow the state's product-liability statute of limitations, with a discovery rule from the date of the child's diagnosis.	2 years Discovery rule typically extends this period from the date of the child's diagnosis. Note: minors get additional tolling in most states.	Del. Code tit. 10 § 8119 ↗ Tylenol autism / ADHD claims in this state typically use the product-liability deadline: Two years for product-liability personal-injury claims in Delaware. Reviewed Jun 2026
AFFF Firefighting Foam Lawsuit Deadlines AFFF PFAS lawsuits (MDL 2873) generally follow the state's product-liability statute of limitations, with a discovery rule from the date the PFAS-related illness was diagnosed.	2 years Discovery rule typically extends this period from the date the PFAS-related illness was diagnosed.	Del. Code tit. 10 § 8119 ↗ AFFF / PFAS claims in this state typically use the product-liability deadline: Two years for product-liability personal-injury claims in Delaware. Reviewed Jun 2026
Paraquat Parkinson's Lawsuit Deadlines Paraquat lawsuits (MDL 3004) generally follow the state's product-liability statute of limitations, with a discovery rule from the date of Parkinson's diagnosis.	2 years Discovery rule typically extends this period from the date of Parkinson's diagnosis.	Del. Code tit. 10 § 8119 ↗ Paraquat Parkinson's claims in this state typically use the product-liability deadline: Two years for product-liability personal-injury claims in Delaware. Reviewed Jun 2026
Roundup Cancer Lawsuit Deadlines Roundup non-Hodgkin's lymphoma lawsuits generally follow the state's product-liability statute of limitations, with a discovery rule from the date of NHL diagnosis.	2 years Discovery rule typically extends this period from the date of non-Hodgkin's lymphoma diagnosis.	Del. Code tit. 10 § 8119 ↗ Roundup NHL claims in this state typically use the product-liability deadline: Two years for product-liability personal-injury claims in Delaware. Reviewed Jun 2026
Uber / Lyft Accident Lawsuit Deadlines Rideshare-accident personal-injury claims follow the state's personal-injury statute of limitations from the date of the crash.	2 years Coverage tier depends on driver's phase; arbitration clauses may shorten the effective window.	Del. Code tit. 10 § 8119 ↗ Uber / Lyft accident claims in this state typically use the personal-injury deadline: Two years from the date of the injury for most Delaware personal-injury claims. Reviewed Jun 2026

Important: Statutes of limitations have many exceptions — discovery rules, tolling for minors, ongoing-treatment doctrines, and notice requirements for government defendants. This page is general legal information, not legal advice. Talk to a licensed Delaware attorney before relying on any deadline.