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What Is the Statute of Limitations in Delaware?
A statute of limitations designates the maximum period to begin legal action in civil or criminal matters. In Delaware, this law defines the timeframe for filing a lawsuit or allowing the state to prosecute. Once the statutory period expires, the case is barred, even if valid evidence exists.
Delaware civil and criminal laws determine these timelines. Statutory deadlines promote fairness in legal proceedings by preventing stale claims, keeping evidence intact, and ensuring trials depend on credible, timely witness accounts.
How Long Is the Statute of Limitations in Delaware?
In civil cases, the time limits for filing a lawsuit in Delaware are strict. Most personal injury claims, including car accidents, slip-and-fall incidents, and wrongful death, must be filed within two years. Defamation, fraud, and similar torts share the same two-year limit.
For criminal cases, the state usually has five years to prosecute felonies like robbery, burglary, drug trafficking, and identity theft. Murder and Class A felonies face no statute of limitations, permitting charges anytime. Class A misdemeanors allow three years, while most other misdemeanors and minor offenses require filing within two years. The table below outlines Delaware's statute of limitations across different case types:
| Case Type | Limitation Duration | Note |
|---|---|---|
| Personal Injury / Wrongful Death | Two years | Applies to auto accidents, negligence, medical malpractice, fraud, and defamation. |
| Written Contracts | Three years (up to 20 years) | Extended up to 20 years for contracts worth $100,000 or more (§ 8106(c)) |
| Felonies | Five years (general) | No limit for murder or Class A felonies |
| Class A Misdemeanors | Three years | Serious misdemeanor offenses under Delaware law |
| Other Misdemeanors / Violations | Two years | Applies to lesser misdemeanors and infractions |
What Crimes Have No Statute of Limitations in Delaware
Although most offenses in Delaware are subject to defined statutes of limitations, certain crimes are treated differently. These crimes carry no statute of limitations and can be prosecuted at any time in Delaware.
Delaware law excludes these crimes from limitation periods for the following reasons:
- The profound and lasting harm inflicted on victims and communities
- An obligation to deliver justice for crimes of such seriousness
- An extreme level of blameworthiness tied to the offender’s conduct
Crimes with no statute of limitations in Delaware include, but are not limited to:
- Murder in any degree
- Attempted murder
- Class A felonies
- Sexual crimes against children
Criminal Statute of Limitations in Delaware
The type and seriousness of the offense determine the criminal statute of limitations in Delaware. Unless a charge falls under crimes with no statute of limitations, the court will dissolve the case if the deadline expires. Criminal statute of limitations in Delaware falls into the following categories:
- Misdemeanor statute of limitations Delaware
- Felony time limits Delaware
- Crimes with no statute of limitations
The limitation period for misdemeanors is two years. Most felonies carry a five-year limit; however, Class A felonies like murder and rape have no time limit. Fraud and related crimes allow up to five years. Written contract disputes usually carry a three-year limit, but contracts worth $100,000 or more may extend up to 20 years. The limitation period can be paused in certain situations. If a suspect leaves the state or evades justice, the clock pauses until the suspect returns or is discovered. The table below shows some examples of criminal statute time limits:
| Offense | Statute of Limitations |
|---|---|
| Class A misdemeanors | Three years |
| Class B and C misdemeanors | Two years |
| General felonies | Five years |
| Felonies with DNA evidence | 10 years |
| Class A felonies Murder Attempted murder | No limit |
| Sexual offenses or attempts | No limit |
| Crimes involving minor victims (trafficking, sexual abuse) | No limit |
| Injury to a person | Two years |
| Wrongful death and injury to personal property | Two years |
| Fraud, forgery, theft, breach of fiduciary duty, misconduct in office | Two years from discovery / Three years from occurrence |
| Collection of rents | Four years |
| Trespass | Three years |
| Collection of debt on account | Three years |
| Judgements | Five years |
| Breach of contract | Written or oral (Three years) |
| Professional malpractice | Two years |
Is There a Statute of Limitations on Attempted Murder?
No. There is no statute of limitations for attempted murder in Delaware. Delaware Code Title 11, § 205 classifies it as a Class A felony, reflecting the extreme severity of the offense. This means prosecutors can act at any time, and the question of how long can someone be charged with attempted murder in Delaware is answered: there is no time limit.
Statute of Limitations on Sexual Assault in Delaware
The timeline for filing sexual abuse claims Delaware may hinge on the following:
- How old the victim was when the abuse happened
- The seriousness and timing of the offense
- The point at which the abuse came to light
- Whether DNA or other physical proof is available
- If the accused was out of Delaware or avoiding justice
The sexual assault statute of limitations Delaware is divided into two main areas: criminal prosecution and civil lawsuits:
Criminal rules:
- The state allows an unlimited timeframe to report and prosecute for all sexual offenses (minor and adult). Thus, rape reporting deadline Delaware does not exist.
Civil claims:
- Adult survivors generally have two years to bring personal injury lawsuits tied to sexual assault.
- Child sexual-abuse survivors have far broader rights. Under HB 75 (2025), claims for abuse committed against minors (under 18 at the time of the incident) may be filed at any time with no expiration.
Civil Statute of Limitations in Delaware
The civil statute of limitations Delaware defines the deadlines for bringing civil claims. How long do you have to sue in Delaware depends on the case type, and missing these deadlines generally leads to dismissal, regardless of evidence strength. Understanding civil lawsuit deadlines in Delaware is key to safeguarding rights.
The following civil statute of limitations governs the state:
| Type of Claim | Deadline | Statute Reference: Delaware Code Title 10, Courts and Judicial Procedure |
|---|---|---|
| Personal Injury | Two years | § 10. 8119 |
| Libel/slander/defamation | § 10. 8119 | § 10. 8119 |
| Fraud | Two years | § 10. 8119 |
| Wrongful death and injury to personal property | Two years | § 10.8107 |
| Professional malpractice | Two years | § 18. 6856 |
| Trespass | Three years | § 10. 8106 |
| Collection of rents | Four years | §10. 2A-506 |
| Breach of contract (Written contracts) | Three years | § 10. 8106 |
| Breach of contract (Oral contracts) | Three years | § 10. 8106 |
| Collection of debt on account | Three years | § 10. 8106 |
| Judgments | Five years | § 10. 5072 |
Statute of Limitations for Medical Malpractice in Delaware
The medical malpractice statute of limitations in Delaware governs how long to sue a doctor in Delaware. Under 10 Del. C. § 6856, the malpractice claim deadline Delaware is two years from the alleged negligence, but may extend to three years under the discovery rule. For minors under six, claims may be filed until age six. The statute of limitations can be paused if it can be demonstrated that a healthcare provider fraudulently concealed malpractice. The state also requires a written Notice of Intent to Sue sent to the defendant and an Affidavit of Merit from a health expert.
The table below highlights frequent medical malpractice cases in Delaware:
| Type of Medical Malpractice | Example |
|---|---|
| Anesthesia Errors | Dispensing too much anaesthesia and not monitoring vital signs during surgery |
| Birth Injuries | Negligence during delivery leading to cerebral palsy or nerve damage in a newborn |
| Failure to Obtain Informed Consent | Performing a risky procedure without fully informing the patient of potential complications |
| Medication Errors | Prescribing the wrong drug or incorrect dosage causing harmful side effects |
| Misdiagnosis or Delayed Diagnosis | Failing to detect cancer in its early stages despite apparent symptoms |
| Surgical Mistakes | Operating on the incorrect body part or leaving surgical apparatus inside a patient |
Statute of Limitations for Debt in Delaware
The debt statute of limitations in Delaware under 10 Del. C. § 8106 governs how long creditors can sue for unpaid debts. How long can debt be collected in Delaware depends on:
- The type of debt
- The date of the last payment or default
- Any payment or acknowledgement of debt.
Most debts, including unpaid credit card debt Delaware, personal loans, auto loans, and medical bills, have a three-year lawsuit deadline. However, negative accounts remain on credit reports for seven years per the federal Fair Credit Report Act. Any payment or acknowledgement can reset the limitations clock.
The table shows Delaware debt statute of limitations and its relevant terms:
| Type of Debt | Statute of Limitations | Notes |
|---|---|---|
| Credit Card | Three years | The limitation period starts from the last missed payment or account default |
| Auto Loan | Three years | Covers repossessed cars and unpaid balances |
| Personal Loan | Three years | Applies to bank-issued and private loans |
| Promissory Note | Six years | Written promise agreements enforced under Delaware law |
| Medical | Three years | Includes bills from hospitals, doctors, and other providers |
| Judgment | Five years | Can be renewed by the creditor before expiration |
Statute of Limitations for Child Abuse and Child Support in Delaware
Under Delaware law, certain child abuse crimes have no statute of limitations. For example, victims can pursue criminal charges at any time for:
- Sexual abuse of a child
- Continuous sexual abuse of a child
- Rape or sexual assault of a minor
- Unlawful sexual contact with a child
- Child exploitation offenses
For civil claims, the child abuse statute of limitations Delaware provides unlimited time for survivors to sue.
Regarding child support, Delaware law does not impose a time limit on collecting unpaid child support. Under 13 Del. C. § 2215, once child support is due, it automatically becomes a lien by law, attaching to all property until arrears are paid.