Delaware at a glance
Delaware allows two years to sue for personal injuries.[1] A plaintiff whose negligence is greater than the defendants’ cannot recover.[2] Delaware requires $25,000/$50,000 in bodily injury liability coverage and personal injury protection (PIP) of at least $15,000 per person.[3]
Filing deadlines
10 Del. C. § 8119
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.
Source: [1]
In plain English, most personal injury lawsuits in Delaware must be filed within two years of the injury.[1]
Shared fault
10 Del. C. § 8132
the fact that the plaintiff may have been contributorily negligent shall not bar a recovery by the plaintiff or the plaintiff’s legal representative where such negligence was not greater than the negligence of the defendant or the combined negligence of all defendants against whom recovery is sought
Source: [2]
This is modified comparative fault, often called the 51% bar. An injured person who is 50% or less at fault can recover damages reduced by their share; one who is more at fault than the parties the statute compares them to cannot recover.
Auto insurance requirements
Delaware’s financial responsibility minimum is “$25,000 because of bodily injury to or death of 1 person in any 1 accident, and, subject to such limit for 1 person, in the amount of $50,000 because of bodily injury to or death of 2 or more persons in any 1 accident.”[3] Policies must also include PIP with “a minimum limit for the total of all payments … of $15,000 for any 1 person and $30,000 for all persons injured in any 1 accident.”[3]
What this page does not cover
This page covers the main deadlines, fault rule, damage limits and auto insurance requirements. Statutes also contain exceptions, such as rules for minors, people who are incapacitated and claims discovered later, and special rules apply to medical malpractice and workers’ compensation. Always read the full statute at the official source linked below.
Frequently asked questions
How long do I have to file a head injury lawsuit in Delaware?
In plain English, most personal injury lawsuits in Delaware must be filed within two years of the injury.[1]
This page provides general information about the law from the sources listed below. It is not legal advice, and reading it does not create an attorney-client relationship. Laws vary by state and change over time. See our legal disclaimer.
Sources
- 10 Del. C. § 8119. Delaware Code Online. https://delcode.delaware.gov/title10/c081/
- 10 Del. C. § 8132. Delaware Code Online. https://delcode.delaware.gov/title10/c081/index.html
- Delaware Code, Title 21 (§§ 101, 2118). Delaware Code Online. https://www.delcode.delaware.gov/title21/title21.pdf
Sources last checked: October 11, 2026
