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| DELAWARE |
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Negligence / Personal Injury
2 Years2 years from date of injury. Discovery Rule applies.
Products Liability
2 Years2 years from date injury sustained. Discovery Rule applies.
Wrongful Death
2 Years2 years from accrual with Discovery Rule
Medical Malpractice
2 Years2 years from date of injury, with Discovery Rule of no more than 3 years from malpractice.
Tolls: Children under age 6 have 2 years, or until their 6 th birthday, to bring claim.
Damages: Several special rules apply to compensatory and punitive damage awards in medical malpractice.
Other Statutes of Limitations
8 months against defendant’s estate for claims arising before death.
Discovery Rule
Statute of Limitations runs from time injury is, or should have been, discovered. See specific rules above.
Disabilities
Infants (18 th birthday), incompetents, or insane persons allowed 3 years after disability ceases to commence action.
Charitable Immunity
Abolished
Comparative Negligence
Pure comparative negligence applies.
Sovereign Immunity
Waived but only for actions in state court and only when claim is covered by state insurance program.
Punitive Damages
Allowed where act is malicious, willful, or wanton.
Consumer Fraud Complaint
Delaware Consumer Protection Unit
http://www.state.de.us/attgen/fraud/consumerprotection/consumerprotection.htm
(302)577-8600
(800)220-5424 (toll-free in Delaware) |
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