Delaware Personal Injury Laws, Deadlines and Local Guides

Personal injury claims in Delaware

This is the Delaware hub of the Ask Legal Matters injury law guides. It summarizes the rules that apply to every injury claim in the state and links to local guides for 27 Delaware communities, each with pages on car, truck, motorcycle and pedestrian accidents, slip and fall injuries, workplace injuries and workers' compensation, medical malpractice and wrongful death.

Delaware gives injured people two years to file most personal injury lawsuits (10 Del. C. § 8119) and a different deadline for medical malpractice (two years). The state follows modified comparative negligence (51% bar): you can recover as long as you were not more than 50% at fault, and your award is reduced by your share of fault. Delaware is an at-fault auto insurance state with minimum liability limits of 25/50/10. Injury cases are tried in the Superior Court of the county where the accident happened, and work injuries must be reported to your employer within 90 days (19 Del. C. § 2341).

Delaware injury law at a glance

Personal injury deadline: two years from the injury (10 Del. C. § 8119)
Medical malpractice deadline: two years (discovery-rule exceptions)
Fault rule: modified comparative negligence (51% bar)
Auto insurance: At-fault
Minimum auto liability: 25/50/10
Trial court: County Superior Court
Workers' compensation: Delaware Office of Workers' Compensation
Workers' comp claim deadline: About two years

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Delaware injury guides by county

Every Delaware county has its own page covering the county court, the state rules and every community in the county, large or small.

Largest communities in Delaware

More Delaware city guides: Dover, DE, Milford, DE.

Delaware cities with the most fatal crashes, 2019-2023

These Delaware communities recorded the most fatal crashes coded to them in NHTSA's Fatality Analysis Reporting System from 2019 through 2023. Each community page breaks down its own numbers by year, time of day and road.

Delaware claims by injury type

Read the statute of limitations overview for every state for a side-by-side comparison of filing deadlines.

Frequently asked questions

How long do I have to file a personal injury lawsuit in Delaware?

Generally two years from the date of injury (10 Del. C. § 8119). Medical malpractice claims generally must be filed within two years, and claims against government entities require a notice of claim much sooner.

What happens if I was partly at fault in Delaware?

Delaware applies modified comparative negligence (51% bar): you can recover as long as you were not more than 50% at fault, and your award is reduced by your share of fault.

Is Delaware a no-fault state?

No. Delaware is an at-fault state; the negligent driver's liability insurance (minimum 25/50/10) is the primary source of compensation.

Where are injury lawsuits filed in Delaware?

In the Superior Court of the county where the accident happened or where the defendant resides. Claims against out-of-state companies may be removed to federal court.

How do I find a personal injury lawyer near me in Delaware?

Choose your county or community below for local information, or click the free claim review button; your request may be shared with independent attorneys and legal services partners who handle inquiries in Delaware.

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Ready to share what happened in Delaware?

Click here for a free claim review — submit accident details

Ask Legal Matters is a lead-generation service, not a law firm. Submitting a request does not hire an attorney. Review the contact consent and privacy policy on the form before submitting.