How Long You Have to File a Car Accident Claim in Delaware
When someone is hurt in a car accident in Delaware—whether on I-95 near Wilmington, through busy streets in Dover, or in Newark’s residential neighborhoods—the last thing on their mind is a legal deadline. However, knowing the statute of limitations is critical. Missing the deadline can mean losing your right to compensation for medical bills, lost wages, and pain and suffering.
In this article, we will explore the time limit for filing a car accident claim in the state of Delaware and how a lawyer from Edelstein Martin & Nelson can handle this and more on your behalf.
The Statute of Limitations for Car Accident Claims in Delaware
In Delaware, the law gives injured people two years from the date of the accident to file a personal injury lawsuit. This rule applies to car accidents, truck accidents, motorcycle accidents, pedestrian accidents, and other personal injury cases.
That two-year window may sound like plenty of time, but it can pass quickly while you’re focused on medical recovery or dealing with insurance companies. If you fail to file your claim within this period, Delaware courts will most likely dismiss your case, no matter how strong your evidence is.
For example, if you were involved in a crash on Route 13 near Dover on September 1, 2025, you must file your lawsuit by September 1, 2027. Waiting even one day beyond that date could prevent you from recovering damages.
Exceptions That May Extend or Shorten the Deadline
While two years is the standard timeframe, there are some exceptions:
- Claims involving minors: If the injured person is under 18, the clock may not start until their 18th birthday.
- Wrongful death claims: Families seeking justice after a fatal accident—such as a truck accident or construction accident—also generally have two years from the date of death to file.
- Government claims: If your accident involved a city or state vehicle, such as a bus in Wilmington or a maintenance truck in Newark, shorter notice requirements may apply.
Because exceptions can complicate the process, it’s important to consult with a Delaware accident attorney as soon as possible.
Why Acting Quickly Matters
Even though you technically have two years, acting sooner is always better. Evidence like skid marks, damaged vehicles, and surveillance video can disappear in weeks or months. Witnesses’ memories fade over time. Insurance companies may delay or attempt to downplay your injuries.
By reaching out to a Delaware personal injury lawyer quickly, you protect your claim. Your attorney can investigate the accident, preserve evidence, and build a strong case while you focus on recovery. Whether you suffered injuries in a car accident in Wilmington, a slip and fall accident in Newark, or a motorcycle accident in Dover, timely legal action can make a difference in the outcome.
Talk to a Lawyer from Edelstein Martin & Nelson
If you or a loved one has been hurt in a car accident, construction accident, pedestrian accident, or truck accident, don’t wait until the statute of limitations deadline approaches. The sooner you act, the better your chances of securing the compensation you deserve.
At Edelstein Martin & Nelson, our experienced Delaware personal injury lawyers understand how stressful this process can be. We fight for accident victims across Wilmington, Dover, Newark, and throughout the state.
Call (302) 295-5050 today to speak directly with a Delaware car accident lawyer about your case. Our team is ready to guide you, protect your rights, and pursue the justice you deserve.