United States · Delaware limitation periods
What is Delaware’s wrongful-death or personal-property injury period?
Section 8107 gives two years from accrual for wrongful death or injury to personal property. Establish the actual claim and accrual before counting.
- Period
- 2 years under section 8107
- Trigger
- Independently established accrual of the covered wrongful-death or personal-property injury claim
- Rule
- 10 Del. C. § 8107
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. § 8107 inquiry?
Use a covered wrongful-death or personal-property injury damages claim in Superior Court after establishing its accrual. Use an event after June 30, 2020 with no applicable toll or alternative period.
The provision identifies two claim categories. It does not say that every property dispute or every estate claim has this period.
Preserve the death or property-loss evidence and the separate legal accrual determination. The calculator supplies the disclosed two-year component.
Personal injury uses section 8119’s injury-sustained wording. Waste uses section 8112. Those events and classifications are not interchangeable.
10 Del. C. § 8107How is this disclosed component counted?
- Use a covered wrongful-death or personal-property injury damages claim in Superior Court after establishing its accrual. 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 a covered wrongful-death or personal-property injury damages claim in Superior Court after establishing its accrual. Use an event after June 30, 2020 with no applicable toll or alternative period. Fictitious established facts. Use a covered wrongful-death or personal-property injury damages claim in Superior Court after establishing its accrual. 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 | Independently established accrual of the covered wrongful-death or personal-property injury claim | August 2, 2025 |
| Disclosed statutory component | 2 years under section 8107 | 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?
- Claim classification
- Confirm wrongful death or injury to personal property rather than possession of land, waste or a different contractual loss.
- Death of a defendant
- An action against a defendant’s estate also needs the section 8113 and Title 12 claim conditions. Wrongful death is a different inquiry.
- Accrual outside Delaware
- Review section 8121’s shorter-period comparison and stated resident exception.
- 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. § 8107
What is Delaware’s wrongful-death or personal-property injury period?
Does any property loss use two years?
No. Section 8107 covers injury to personal property, not every claim concerning property.
10 Del. C. § 8107Does appointment of an estate representative restart the period?
Section 8107 uses accrual. Appointment is not a replacement trigger supplied by this provision.
10 Del. C. § 8107Can this replace the personal-injury calculator?
No. Section 8119 expressly uses the date on which the alleged injury was sustained.
10 Del. C. § 8119Official Delaware sources and review
Provisions used (11)
| Provision | Purpose |
|---|---|
| 10 Del. C. § 8107 | This particular statutory procedure and its conditions |
| 10 Del. C. § 8113 | The individually identified statutory or judicial qualification |
| 10 Del. C. § 8121 | The individually identified statutory or judicial qualification |
| 10 Del. C. § 8119 | 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 |