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Written By
People's Justice Legal Research Team
Statute of Limitations
Delaware personal injury SOL: 2 years (10 Del. C. § 8119). Minor tolling: SOL tolled until age 18, then 2-year SOL runs — child's claim expires at age 20 (10 Del. C. § 8116). Wrongful death: 2 years from death (10 Del. C. § 3722). Delaware follows pure comparative negligence. Discovery rule applies.
Age 20 for surviving minor's personal injury claim; 2 years from death for wrongful death
Delaware Data
Exposure in Delaware
Source: Nemours Children's Health
Source: March of Dimes, 2024
Medical Resources