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How long do I have to file a claim in a personal injury lawsuit?

By Kevin G. Healy, Susan D. Ament, Keith E. Donovan, Matthew R. Fogg, Michael G. Owen, Clayton E. Bunting, Wilson A. Gualpa, Ross C. Karsnitz on October 4, 2019
Posted In Alternative Dispute Resolution - Personal Injury, Boating and Jet Ski Accidents, Car Accidents, Dog Bites / Attacks, Motorcycle Accidents, Product Liability, Serious Injuries, Slip and Fall, Truck Accidents, Workers' Compensation, Wrongful Death

Most states have statute of limitation laws that place limits on how long an accident victim has to file a civil claim, such as a personal injury lawsuit. In Delaware, the statute of limitations for personal injury claims is two years, meaning that the lawsuit must be filed within two years of the date the accident—and the related injuries—occurred. Accident victims who fail to file a lawsuit within the two-year statute of limitations risk having their case dismissed.

There can be exceptions—the statute of limitations may pause, or “toll,” if the victim was mentally incompetent at the time of the injury. In this case, the time limit for filing a personal injury lawsuit extends to three years after the disability ends. More ›

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