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  • Writer's pictureJennifer D. Donnelly, Esq.

Timing Matters | How Long Do I Have to Pursue a Personal Injury Claim in Delaware?

Woman looking at calendar

Ever wondered how much time you have to act after an accident in Delaware? Well, it's crucial to get your timing right, and here's why.

The Two Year Countdown

In Delaware, the clock starts ticking from the moment you're injured—or tragically, from the date of death in severe cases. Known as the "statute of limitations," this two-year window is your time to either settle your claim or file a lawsuit against the responsible party. Miss this deadline, and you could wave goodbye to any chance of compensation for your injury.

But remember, this deadline isn't just for the injured person—it also covers lawsuits filed by surviving family members seeking justice for the loss of a loved one.

Time Flies When You're Building a Case

Two years might seem like a generous timeframe, but building a solid case takes time. There's investigation, collecting evidence, medical assessments, and negotiations to consider. Waiting until the last minute isn't just risky—it's a gamble with your rightful compensation. That's why it's wise to consult an attorney shortly after an injury. They'll guide you through the process and help ensure you're on the right track to getting the compensation you deserve.


Exceptions to the Rule

Think the two-year rule applies across the board? Think again. Depending on your situation, the deadline could be much shorter. If your claim involves a government entity—like an injury caused by a government employee or on public property—your deadline could be as brief as a couple of months. Plus, there may be specific requirements you need to meet to protect your claim.

So, don't make assumptions. Discussing your case with an attorney is the best way to understand your unique situation and ensure you're working within the correct timeframe.

Take Action, Protect Your Rights

Knowledge is power, especially when it comes to Delaware's statute of limitations for personal injury claims. Being aware of these deadlines and acting promptly can make all the difference in your case.

That's why we recommend consulting a qualified personal injury attorney as soon as possible after an accident. They'll help you navigate Delaware's legal landscape, ensure compliance with the statute of limitations, and protect your rights every step of the way.

Don't let time slip away. Act now to secure the justice and compensation you deserve.


At Kimmel Carter, our team of experienced attorneys is dedicated to guiding you through the Delaware Personal Injury process. If you have been involved in an accident, please call us for a free legal consultation at (302) 565-6100.



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