Statute of Limitations
Delaware: 2 years from injury for civil lawsuits; workers' comp employer notice within 10 days; formal claim within 2 years
2 years (civil lawsuit); report to workers' comp within 10 days
Where to File in Delaware
Delaware applies modified comparative fault with a 51% bar. Federal OSHA governs Delaware construction sites. A significant advantage in Delaware for construction accident plaintiffs is that many major equipment manufacturers and general contractor corporations are incorporated in Delaware — providing favorable in-state personal jurisdiction for products liability and negligence claims. Delaware Superior Court is Delaware's trial court for civil claims and has active personal injury dockets. The Wilmington and Dover areas have active commercial and infrastructure construction activity.
Exposure in Delaware
Source: Delaware Division of Corporations
Source: Delaware Code Title 10, § 8119