United States · Delaware limitation periods
What is Delaware’s ordinary personal-injury limitation period?
Section 8119 gives two years from the date the alleged personal injuries were sustained, subject to section 8127. Medical and other special regimes need separate review.
- Period
- 2-year ordinary personal-injury branch
- Trigger
- Established date on which the alleged personal injuries were sustained
- Rule
- 10 Del. C. § 8119
Current official Delaware Code text and separately identified 2026 court rules reviewed. Establish historical applicability independently.
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Which event controls this 10 Del. C. § 8119 inquiry?
Use an ordinary covered Superior Court personal-injury action with the actual injury-sustained event established independently. Use an event after June 30, 2020 with no applicable toll or alternative period.
The statute’s wording differs from the accrual formula in sections 8106 and 8107. Do not silently substitute a later diagnosis or consultation.
The text expressly subjects the period to section 8127’s construction regime. Confirm whether that regime reaches the improvement and defendant.
Healthcare malpractice is addressed separately through section 8128 and 18 Del. C. § 6856. Childhood sexual-abuse claims have section 8145. Neither special regime is calculated here.
10 Del. C. § 8119How is this disclosed component counted?
- Use an ordinary covered Superior Court personal-injury action with the actual injury-sustained event established independently. Use an event after June 30, 2020 with no applicable toll or alternative period.
- Exclude the established event day under Superior Court Civil Rule 6(a). Count the stated calendar years or months under 1 Del. C. § 302(13), (24). Intermediate weekends and holidays remain inside these long periods. Apply the eligible final-day rule after the calendar interval.
- Check the actual final holiday, court closure and county-specific availability.
- Preserve the actual initiating complaint, praecipe, applicable fees and completed transmission. Complete required service separately.
For the disclosed Superior Court branch, Rule 6(a) excludes the event day and rolls a final Saturday, Sunday, legal holiday or Prothonotary closure to the next open day. Common Pleas Rule 6(a) supplies its own equivalent final-day treatment for the disclosed forcible-entry branch. Section 501 defines statutory holidays and weekend observance. Sunday July 4, 2027 is observed on Monday July 5. Sussex County Return Day is a separate half-day holiday in general-election years; the bundled calendar does not determine that county’s filing availability. Check actual closures and declared holidays separately.
These calculators accept selected events after June 30, 2020. They do not model historical emergency extensions. Administrative Order 7 paragraph (7) extended the specified deadlines otherwise expiring March 23 through June 30, 2020 through July 1, 2020. It expressly did not extend or toll deadlines outside that expiration window. This scope refusal does not establish that an actual claim is barred. Wage claims also require accrual on or after April 26, 2023.
Superior Court Civil Rules 3(a), 6(a), 79.1What does an independently derived example show?
Fictitious example
Use an ordinary covered Superior Court personal-injury action with the actual injury-sustained event established independently. Use an event after June 30, 2020 with no applicable toll or alternative period. Fictitious established facts. Use an ordinary covered Superior Court personal-injury action with the actual injury-sustained event established independently. Use an event after June 30, 2020 with no applicable toll or alternative period. The selected event is August 2, 2025. No additional actual closure, toll, agreement or different statutory branch applies.
| Step | What is counted | Date |
|---|---|---|
| Established event | Established date on which the alleged personal injuries were sustained | August 2, 2025 |
| Disclosed statutory component | 2-year ordinary personal-injury branch | August 2, 2027 |
Fictitious established facts. This result applies only to the disclosed component. It does not decide accrual, classification, tolling, contractual terms, historical applicability or whether the required act occurred.
Try these dates in the calculatorWhich qualifications change this inquiry?
- Construction qualification
- Section 8127 has multiple possible events and further exceptions. A personal-injury result does not resolve repose.
- Medical claims
- Section 8128 points to the separately prescribed healthcare-malpractice statute rather than supplying an ordinary section 8119 answer.
- Childhood sexual abuse
- Section 8145 has a distinct statutory regime. Review its conduct and defendant conditions separately.
- Historical statutory and emergency scope
- These calculators accept selected events after June 30, 2020. They do not model historical emergency extensions. Administrative Order 7 paragraph (7) extended the specified deadlines otherwise expiring March 23 through June 30, 2020 through July 1, 2020. It expressly did not extend or toll deadlines outside that expiration window. This scope refusal does not establish that an actual claim is barred. Wage claims also require accrual on or after April 26, 2023.
- Establish the applicable edition and actual legal facts independently.
- The disclosed calculation does not resolve a different statutory branch, a foreign shorter period or an unmodeled toll.
Which facts and completed acts should be preserved?
Questions about 10 Del. C. § 8119
What is Delaware’s ordinary personal-injury limitation period?
Does the clock always start at diagnosis?
No. The ordinary text uses when the alleged injuries were sustained. Any applicable discovery or toll must be established separately.
10 Del. C. § 8119Does this decide whether construction repose applies?
No. Section 8127’s improvement, defendant and event conditions need their own review.
10 Del. C. § 8127Is medical malpractice always this two-year calculation?
No. Section 8128 directs healthcare-malpractice timing to Title 18 section 6856.
10 Del. C. § 8128Official Delaware sources and review
Provisions used (12)
| Provision | Purpose |
|---|---|
| 10 Del. C. § 8119 | This particular statutory procedure and its conditions |
| 10 Del. C. § 8127 | The individually identified statutory or judicial qualification |
| 10 Del. C. § 8128 | The individually identified statutory or judicial qualification |
| 10 Del. C. § 8145 | The individually identified statutory or judicial qualification |
| 10 Del. C. § 8121 | The individually identified statutory or judicial qualification |
| 10 Del. C. § 8117 | The individually identified statutory or judicial qualification |
| Delaware Supreme Court Administrative Order 7, June 5, 2020, paragraph (7) | The historical extension window and calculator coverage qualification |
| 1 Del. C. § 302(13), (24) | Calendar-month and calendar-year definitions |
| 1 Del. C. § 501(a)–(c) | Statutory holidays, observed dates and county-specific Return Day |
| Superior Court Civil Rules 3(a), 6(a), 79.1 | Superior Court commencement and final-day computation |
| Superior Court Administrative Directive 2007-6, procedure 6(a) | Successful recorded Superior Court transmission by 11:59 p.m. Eastern Time |
| Court of Chancery Rules 5(d), 6(a) | Different Chancery electronic deadlines and court-rule scope |