Delaware Statute of Limitations
A cause of action for wrongful death accrues on the date of death and must be brought within two years of that date. The discovery rule also applies to wrongful death actions and tolls the statute of limitations until the plaintiff knew or reasonably should have known of the negligence causing the death.
Personal Injury Actions
Personal injury actions must be brought within two years of the date of the injury or within two years of the time the plaintiff knew or should have known of the negligence.
Medical Malpractice Actions
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.
Products Liability Actions
Products liability actions must be filed within two years after the plaintiff suffers the injury or within two years of the time the plaintiff knew or should have known of the negligence.
Special Rules for Minors
Except in the case of medical malpractice, there are no other special rules for minors. However, for certain actions the statute of limitations begins once the minor reaches the age of 18 and lasts for three years.
A workers' compensation action must be filed within two years from the date of injury and one year from the date the claimant had knowledge of an occupational disease. An employee must report a workplace injury within ten days, and they must file a claim for workers' compensation within 90 days.
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Note: Our attorneys are licensed to practice law in Pennsylvania, West Virginia, Ohio, Maryland, and Virginia. This information is not intended to solicit clients for matters outside of the states of Pennsylvania, Ohio, West Virginia, Maryland, and Virginia, although if you are injured in an accident, we have relationships with other personal injury attorneys and lawyers throughout the United States.