Delaware · Wrongful Death

Delaware Statute of Limitations for Wrongful Death

2 years to file a lawsuit
Quick answer

The Delaware statute of limitations for wrongful death is 2 years from the date of the underlying event. Controlling statute: Del. Code tit. 10 § 8107. Talk to a Delaware attorney for case-specific tolling, notice-of-claim, or discovery-rule questions.

What this deadline means

Two years from the date of death for wrongful-death claims in Delaware.

Source: Del. Code tit. 10 § 8107 Reviewed Jun 2026

Calculate your deadline

Enter a date above to see your filing deadline.

About wrongful death claims

Survivor claims for death caused by another's negligence or intentional act. Generally measured from date of death, not date of underlying injury.

Don't risk missing your filing window.

Talk to a verified Delaware wrongful death attorney for free. Most accept contingency cases — no fee unless you recover.

Find a Delaware attorney →

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