Time limits apply in Delaware. Find out if you still qualify.
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Verified against court records, regulatory records, and peer-reviewed research.
Last reviewed against primary sources: March 2, 2026
Statute of Limitations
Delaware: 2 years from date of death
2 years from date of death
Where to File in Delaware
10 Del. C. § 3724 governs wrongful death claims in Delaware. Delaware imposes no cap on wrongful death damages. Delaware Superior Court is the primary venue for wrongful death cases. Delaware's business court infrastructure and Frye evidentiary standard for experts have made it a preferred venue for complex pharmaceutical wrongful death litigation. New Castle County handles the largest volume of wrongful death filings.
Exposure in Delaware
Source: 10 Del. C. § 3724
Source: Delaware Courts