How Long Do You Have to File a Personal Injury Claim in Delaware?
When you’ve been hurt in an accident caused by someone else’s negligence, taking legal action might not be the first thing on your mind. However, time is a critical factor in personal injury cases, and delaying too long could cost you your right to compensation. In Delaware, the law sets strict deadlines for filing a claim, known as the Delaware personal injury statute of limitations. Understanding how this time limit works, and what exceptions may apply, is essential to protecting your rights. A knowledgeable Delaware personal injury lawyer from Edelstein Martin & Nelson can guide you through this process.
Delaware’s Personal Injury Statute of Limitations
Under Delaware law, the statute of limitations for most personal injury claims is two years from the date of the injury. This includes cases involving:
- Car accidents
- Slip and fall injuries
- Medical malpractice
- Dog bites
- Workplace accidents (excluding workers’ comp claims)
If you fail to file your lawsuit within this two-year window, your case will likely be dismissed, and you’ll lose the opportunity to pursue compensation through the courts.
Why the Statute of Limitations Matters
The statute of limitations serves several purposes. It ensures that evidence remains fresh, that witnesses can be located and remember what happened, and that potential defendants aren’t exposed to indefinite legal threats. But for injured victims, it represents a legal countdown that cannot be ignored.
Even if you have strong evidence or are in ongoing treatment, waiting too long can prevent your case from ever being heard. Insurance companies are also aware of these deadlines and may use delay tactics to run out the clock, especially if you’re not represented by an attorney.
When the Clock Starts Ticking
In most cases, the statute of limitations begins on the date the injury occurred. For example, if you were in a car accident on May 1, 2023, you generally have until May 1, 2025, to file your lawsuit. However, some exceptions can delay or “toll” the statute:
Common exceptions include:
- Discovery Rule: If your injury wasn’t immediately apparent (such as in medical malpractice cases), the clock may start when you discovered or should have discovered the injury.
- Minors or Legal Incapacity: If the injured person is under 18 or mentally incapacitated, the time limit may be extended.
- Fraud or Concealment: If the defendant deliberately concealed their liability, the statute of limitations may be paused until the fraud is discovered.
Because these exceptions are limited and can be difficult to apply, it’s best to act quickly and consult a legal professional as soon as possible.
Filing Early Strengthens Your Case
Even though you technically have two years, waiting until the last minute is risky. Filing early allows your attorney more time to:
- Investigate the accident
- Gather evidence and interview witnesses
- Negotiate effectively with insurance companies
Additionally, filing sooner gives you a better chance of securing a fair settlement before a trial becomes necessary.
Do You Need a Delaware Personal Injury Lawyer?
If you’ve been injured and are unsure about your legal timeline, don’t risk losing your right to compensation. A seasoned Delaware personal injury lawyer from Edelstein Martin & Nelson can explain how the Delaware personal injury statute of limitations applies to your unique case and help you take timely action. Call (302) 295-5050 today to schedule a free consultation.