A statute of limitations is a statute, or law, that restricts the period of time, after certain events, that a person may initiate legal proceedings. These time limits vary depending on the type of case and the state where the particular cause of action occurred. After the time limit has passed, the injured person no longer has the right to sue to recovery money damages, unless a legal exception applies. The following provides a brief summary, in alphabetical order, of some of the limitations periods for the state of Delaware for those actions related to personal injury, medical malpractice, and some products liability. Please contact a qualified Delaware lawyer to find out how a statute of limitations applies to your situation.
Libel-Slander-Defamation:
These types of actions must be filed within 2 years from the date of the action.
Medical Malpractice:
All actions against medical professionals must be filed within 2 years of the date of the act resulting in the injury, or within 3 years from the date of the act resulting in the injury if the medical malpractice injury was not, and could not have reasonably been, discovered during the 2 year limitations period.
Personal Injury:
Personal injury actions must be filed within 2 years from the date of the injury.
Statute of Limitations for Personal Injury Actions Chart
Product Liability:
Product liability actions must be filed within 2 years from the date of the injury.
Professional Malpractice:
All actions against professionals must be filed within 2 years of the date of the act resulting in the injury, or within 3 years from the date of the act resulting in the injury if the injury was not, and could not have reasonably been, discovered during the 2 year limitations period.
Wrongful Death:
Wrongful death actions must be filed within 2 years of the date of death.
Special Rules Tolling the Statute of Limitations:
A statute of limitations is tolled when certain conditions are present. When a statute is tolled, the limitations period is essentially put on hold for a period of time. Some typical reasons that a statute is tolled include situations when the victim of the injury was a minor at the time of the injury (minority), when the victim of the injury was mentally incompetent at the time of the injury (mental incompetence), and when the defendant has filed bankruptcy.
In Delaware, when the injured party is a minor that minor has 3 years from the date of that minor’s 18th birthday to file a lawsuit. This exception does not apply in medical malpractice. In instances of medical malpractice, minors must file a claim within the 2 year limitations period, unless the minor was below the age of six at the time of injury, then that minor will have up to his or her sixth birthday or the 2 year limitations period, whichever is greater. Where the injured party is mentally incompetent, that person shall have 3 years from the date the disability is removed to file a lawsuit.
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