## How the limitation period applies

The controlling primary authority for US-DE medical malpractice SOL (18 Del. C. § 6856) is **18 Del. C. § 6856**.

> **18 Del. C. § 6856.** No action for the recovery of damages upon a claim against a health-care provider for personal injury, including personal injury which results in death, arising out of medical negligence shall be brought after the expiration of 2 years from the date upon which such injury occurred; provided, however, that: (1) Solely in the event of personal injury the occurrence of which, during such period of 2 years, was unknown to and could not in the exercise of reasonable diligence have been discovered by the injured person, such action may be brought prior to the expiration of 3 years from the date upon which such injury occurred, and not thereafter; and (2) A minor under the age of 6 years shall have until the latter of time for bringing such an action as provided for hereinabove or until the minor's 6th birthday in which to bring an action.

## Use the calculator

DocketMath's statute-of-limitations tool can model these timelines once you identify the controlling claim type and accrual date. Use the source panel for the verified primary-source citations.

[Open the Statute of Limitations calculator](/tools/statute-of-limitations)

## Sources

- [18 Del. C. § 6856 — 18 Del. C. § 6856](https://delcode.delaware.gov/title18/c068/sc06/index.html)

All sources are official primary law published by `delcode.delaware.gov`.

**Corroboration method:** government_primary_source_direct_fetch.


Statute of limitations for medical malpractice in Delaware — backed by real statute citations.

Statute of limitations for medical malpractice in Delaware

Headline SoL corrected from § 8106 (3-yr residual) to § 8119 (2-yr PI). Removed fabricated 20-year real-property claim from top-level; § 8106 does NOT cover real property. Fixed § 8107 text (was mislabeled 6-yr debt/mortgage — actual § 8107 is 2-yr wrongful death/personal property). Fixed § 8108 mislabel (was 2-yr PI — actual § 8108 is mutual running accounts). Fixed tolling citation (was § 8119 — correct is § 8116). Trespass corrected to 3 yr under § 8106. Legal malpractice corrected to 3 yr under § 8106. Government notice citation corrected from § 4013 (State Tort Claims Act) — § 4013 is actually the county/municipal damages-cap section in Subchapter II, not state-level notice.

No action to recover damages for trespass, no action to regain possession of personal chattels, no action to recover damages for the detention of personal chattels, no action to recover a debt not evidenced by a record or by an instrument under seal, no action based on a detailed statement of the mutual demands in the nature of debit and credit between parties arising out of contractual or fiduciary relations, no action based on a promise, no action based on a statute, and no action to recover damages caused by an injury unaccompanied with force or resulting indirectly from the act of the defendant shall be brought after the expiration of 3 years from the accruing of the cause of such action; subject, however, to the provisions of §§ 8108-8110, 8119 and 8127 of this title.

(a) No action to recover damages for trespass, no action to regain possession of personal chattels, no action to recover damages for the detention of personal chattels, no action to recover a debt not evidenced by a record or by an instrument under seal, no action based on a detailed statement of the mutual demands in the nature of debit and credit between parties arising out of contractual or fiduciary relations, no action based on a promise, no action based on a statute, and no action to recover damages caused by an injury unaccompanied with force or resulting indirectly from the act of the defendant shall be brought after the expiration of 3 years from the accruing of the cause of such action; subject, however, to the provisions of §§ 8108-8110, 8119 and 8127 of this title.

No action to recover damages for trespass, no action to regain possession of personal chattels, no action to recover damages for the detention of personal chattels, no action to recover a debt not evidenced by a record or by an instrument under seal, no action based on a detailed statement of the mutual demands in the nature of debit and credit between parties arising out of contractual or fiduciary relations, no action based on a promise, no action based on a statute, and no action to recover damages caused by an injury unaccompanied with force or resulting indirectly from the act of the defendant shall be brought after the expiration of 3 years from the accruing of the cause of such action

No action, whether in or based upon a contract (oral or written, sealed or unsealed), in tort, or otherwise, to recover damages or for indemnification or contribution for damages, resulting: (1) From any alleged deficiency in the construction or manner of construction of an improvement to real property and/or in the designing, planning, supervision and/or observation of any such construction or manner of construction; or (2) From any alleged injury to property, real, personal or mixed, arising out of any such alleged deficiency; shall be brought against any person performing or furnishing, or causing the performance or furnishing of, any such construction of such an improvement...after the expiration of 6 years from whichever of the following dates shall be earliest: a. The date of purported completion of all the work called for by the contract as provided by the contract if such date has been agreed to in the contract itself...f. The date when the construction of such an improvement as called for by the contract has been substantially completed.

no action based on a statute, and no action to recover damages caused by an injury unaccompanied with force or resulting indirectly from the act of the defendant shall be brought after the expiration of 3 years from the accruing of the cause of such action

No action for the recovery of damages upon a claim for alleged personal injuries shall be brought after the expiration of 2 years from the date upon which it is claimed that such alleged injuries were sustained; subject, however, to the provisions of § 8127 of this title.

No action for the recovery of damages upon a claim against a health-care provider for personal injury, including personal injury which results in death, arising out of medical negligence shall be brought after the expiration of 2 years from the date upon which such injury occurred; provided, however, that: (1) Solely in the event of personal injury the occurrence of which, during such period of 2 years, was unknown to and could not in the exercise of reasonable diligence have been discovered by the injured person, such action may be brought prior to the expiration of 3 years from the date upon which such injury occurred, and not thereafter; and (2) A minor under the age of 6 years shall have until the latter of time for bringing such an action as provided for hereinabove or until the minor's 6th birthday in which to bring an action.

No action to recover damages for wrongful death or for injury to personal property shall be brought after the expiration of 2 years from the accruing of the cause of such action.

(1) An action for breach of any contract for sale must be commenced within 4 years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitations to not less than one year but may not extend it. (2) A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach. A breach of warranty occurs when tender of delivery is made, except that where a warranty explicitly extends to future performance of the goods and discovery of the breach must await the time of such performance the cause of action accrues when the breach is or should have been discovered.

Under 10 Del. C. § 8119, no action for damages on a claim for personal injuries shall be brought after 2 years from the date the alleged injuries were sustained, subject to § 8127 (asbestos discovery rule). Controls general PI, negligence, premises liability, product liability, slip-and-fall, dog bite in Delaware.

Delaware imposes a 6-year statute of limitations for construction defect claims. The period runs from the earliest of: (a) the contract completion date, (b) phase-specific statute commencement, (c) contract statute commencement, (d) full payment for the phase, (e) final payment, (f) substantial completion, (g) owner acceptance, or (h) for personal injuries, the date of injury.

Delaware imposes a 3-year statute of limitations for common law fraud claims. The statute applies to actions for damages caused by injury unaccompanied with force, under which category common law fraud falls by judicial interpretation.

A Delaware legal malpractice action — a claim for professional negligence against an attorney sounding in personal injury — must be commenced within 2 years from the date upon which such alleged injuries were sustained under 10 Del. C. § 8119. Delaware courts treat legal malpractice as a personal injury claim for limitations purposes, routing it to § 8119's 2-year period rather than § 8106's general 3-year period (§ 8119 supersedes § 8106 in cases of conflict; Read v. Local Lodge 1284, 528 F.2d 

Statute of limitations for personal injury in US-DE is 2 years under 10 Del. C. § 8119.

Statute of limitations for wrongful death in US-DE is 2 years under 10 Del. C. § 8107.

Statute of limitations for medical malpractice in US-DE is 2 years under 18 Del. C. § 6856.

Statute of limitations for legal malpractice in US-DE is 3 years under 10 Del. C. § 8106.

Statute of limitations for product liability in US-DE is 2 years under 10 Del. C. § 8119.

Statute of limitations for premises liability in US-DE is 2 years under 10 Del. C. § 8119.

Statute of limitations for breach written contract in US-DE is 3 years under 10 Del. C. § 8106.

Statute of limitations for breach oral contract in US-DE is 3 years under 10 Del. C. § 8106.

Statute of limitations for ucc sale of goods in US-DE is 4 years under 6 Del. C. § 2-725.

Statute of limitations for fraud in US-DE is 3 years under 10 Del. C. § 8106.

Statute of limitations for libel in US-DE is 2 years under 10 Del. C. § 8119.

Statute of limitations for slander in US-DE is 2 years under 10 Del. C. § 8119.

Statute of limitations for property damage in US-DE is 2 years under 10 Del. C. § 8107.

Statute of limitations for trespass in US-DE is 3 years under 10 Del. C. § 8106.

Statute of limitations for construction defects in US-DE is 6 years under 10 Del. C. § 8127.

Statute of limitations for common law fraud deceit in US-DE is 3 years under 10 Del. C. § 8106.

Delaware's statute of limitations for construction defect claims is 6 years under 10 Del. C. § 8127(b), measured from the earliest of several triggering dates: purported completion date per contract, date final payment received, date of substantial completion, or date of acceptance by owner.

Section 1983 borrows the forum state's general personal-injury limitations period; in Delaware that is the 2-year personal-injury period under 10 Del. C. § 8119.

Invasion of privacy is a personal-injury tort with no separate limitations statute, so it is governed by the general personal-injury period of 2 years under 10 Del. C. § 8119.

Delaware libel/written defamation is a personal injury tort and must be brought within 2 years of accrual under 10 Del. C. § 8119.

Delaware actions based on a promise (written contract) must be brought within 3 years from the accruing of the cause of action under 10 Del. C. § 8106(a).

If a person entitled to any action comprehended within §§ 8101-8115 of this title, shall have been, at the time of the accruing of the cause of such action, under disability of infancy or incompetency of mind, this chapter shall not be a bar to such action during the continuance of such disability, nor until the expiration of 3 years from the removal thereof.

If at the time when a cause of action accrues against any person, such person is out of the State, the action may be commenced, within the time limited therefor in this chapter, after such person comes into the State in such manner that by reasonable diligence, such person may be served with process. If, after a cause of action shall have accrued against any person, such person departs from and resides or remains out of the State, the time of such person's absence until such person shall have returned into the State in the manner provided in this section, shall not be taken as any part of the time limited for the commencement of the action.

No action... to recover damages or for indemnification or contribution for damages, resulting: (1) From any alleged deficiency in the construction or manner of construction of an improvement to real property... shall be brought against any person performing or furnishing... any such construction... after the expiration of 6 years from whichever of the following dates shall be earliest: [dates of substantial completion, final payment, acceptance, etc.].

No action, suit or proceeding shall be brought or maintained against the Mayor and Council of Wilmington for damages on account of physical injuries, death or injury to property by reason of the negligence of the Mayor and Council of Wilmington or any of its departments, officers, agents or employees thereof, unless the person by or on behalf of whom such claim or demand is asserted shall, within 1 year from the happening of such injury, notify the Mayor in writing of the time, place, cause and character of the injuries sustained.

Any political subdivision may enact a notice requirement by ordinance, so long as said notice requirement does not bar suit if notice is given within 1 year of occurrence.