"Statutes of limitations" are laws that set time limits on how long you have to file a "civil" lawsuit, like a personal injury lawsuit, or how long the state has to prosecute someone for committing a crime. These time limits usually depend on the legal claim or crime involved in the case, and they're different from state to state. For example, in some states you may have three years to file a personal injury lawsuit after you were hurt in car accident, but in other states you may have two years. As a general rule:
- The time period begins to run on the date your claim arises or "accrues," like the day of the car accident, or when a crime is committed, and
- Once the statute of limitations has expired or "run," you can't file a lawsuit (or be prosecuted for a crime)
Below are the statutes of limitations in Delaware for various civil claims and crimes. The list doesn't cover everything. Also, the laws may change at anytime, so be sure to check the current laws or "code" and read them carefully, or talk to an attorney if you have any questions.
Civil
Note: Most of the civil statutes of limitations are in Title 10, Chapter 81 of the Delaware Code. You may need to scroll through the page provided or use the links on the page to get to the code sections noted below. Also, you can scroll through the laws there to find the statute of limitations for civil claims or "causes of action" not listed below.
Description |
Statute
|
Assault and Battery, 2 years |
10 Del. Code § 8119 |
Contract (in writing), 3 years |
10 Del. Code § 8106 |
Contract (oral or not in writing), 3 years |
10 Del. Code § 8106 |
False Imprisonment, 2 years |
10 Del. Code § 8119 |
Fraud, 3 years |
10 Del. Code § 8106 |
Enforcing Court Judgments, 5 years |
10 Del. Code § 5072 |
Legal Malpractice, 2 years |
10 Del. Code § 8119 |
Libel, 2 years |
10 Del. Code § 8119 |
Medical Malpractice, 2 years |
10 Del. Code § 8119 |
Personal Injury, 2 years |
10 Del. Code § 8119 |
Product Liability, 2 years |
10 Del. Code § 8119 |
Property Damage, 2 years |
10 Del. Code § 8107 |
Slander, 2 years |
10 Del. Code § 8119 |
Trespass, 3 years |
10 Del. Code § 8106 |
Wrongful Death, 2 years |
10 Del. Code § 8107 |
Criminal
Note: The Delaware criminal statutes of limitations generally are in 11 Del. Code § 205. You can scroll through the criminal laws (located in Title 11, Chapter 5 of the Code) for various crimes and then use § 205 to determine which statute of limitations applies to a crime not listed below.
Description |
Statute
|
Arson, 5 years |
11 Del. Code § 205(b)(1) |
Assault and Battery, 3 or 5 years (Depending on the facts of the case) |
11 Del. Code § 205(b)(1) and (2) |
Burglary, 5 years |
11 Del. Code § 205(b)(1) |
Disorderly Conduct, 2 years |
11 Del. Code § 205(b)(3) |
Kidnapping, 5 years |
11 Del. Code § 205(b)(1) |
Manslaughter, 5 years |
11 Del. Code § 205(b)(1) |
Murder, No time limit |
11 Del. Code § 205(a) |
Rape, No time limit, or 5 years (Depending on the facts of the case) |
11 Del. Code § 205(a) and (b)(1) |
Receiving Stolen Property, 3 or 5 years (Depending on the facts of the case) |
11 Del. Code § 205(b)(1) and (2) |
Robbery, 5 years |
11 Del. Code § 205(b)(1) |
Theft, 3 or 5 years (Depending on the facts of the case) |
11 Del. Code § 205(b)(1) and (2) |