Delaware Wrongful Death Statute of Limitations

Quick answer
In Delaware, the deadline that generally applies to wrongful death claims is 2 years from the date of death, under Del. Code tit. 10, § 8107. Certain circumstances can pause or extend this window. This is general legal information, not a personal deadline determination for your situation.
Delaware
Wrongful Death
General statute of limitations
2
years to file
In Delaware, a wrongful death claim must generally be filed within 2 years of the date of injury or death. Filing after this window typically bars the claim permanently.
Governing statute: Del. Code tit. 10, § 8107

What starts the clock, and tolling exceptions

Clock typically starts
Date of death
The SOL for wrongful death runs from the date of the decedent's death, not the date of the underlying injury or negligent act.
Government defendants
Notice of claim may be required
If your claim is against a government entity (a city, county, state agency, or public employee), most states require a separate notice of claim within 30 to 180 days. Missing this notice deadline can bar your claim entirely, independent of the SOL.
Tolling: when the clock may pause
Wrongful death deadlines typically run from the date of death, not the underlying injury. Estate representatives must bring the claim. Some states require the estate to be opened before the clock begins.

Filing deadlines by claim type in Delaware

Claim typeDeadlineStatute
Personal Injury2 yearsDel. Code tit. 10, § 8119
Car Accident2 yearsDel. Code tit. 10, § 8119
Slip & Fall / Premises2 yearsDel. Code tit. 10, § 8119
Medical Malpractice2 yearsDel. Code tit. 18, § 6856
Wrongful Death2 yearsDel. Code tit. 10, § 8107

What cases like this have ranged for

Illustrative · national · not case-specific
$100,000 – $2,000,000+
Wrongful death claims reflect lost income, companionship, and other statutory damages, and vary sharply by jurisdiction and dependents.
What is my case worth? →How these ranges are compiled →
Educational information only: not legal advice
This result reflects the general statutory period for wrongful death claims in Delaware based on publicly available statutes. Your actual deadline may differ based on the specific facts of your case, applicable tolling rules, discovery rule application, government defendant requirements, and other circumstances. This information is for educational purposes only and does not constitute legal advice and does not create an attorney-client relationship. Caseworth makes no warranty as to the accuracy, completeness, or currency of this information. Consult a licensed attorney in Delaware before making any decisions about your claim.
A Caseworth product · Optional next step
Want a full educational report on your situation?
A Lexstimate report walks you through your claim type, applicable statutes, common case considerations, and a benchmark range from comparable case outcomes, all in plain English. Educational only; not legal advice.
See a Lexstimate report, free to start

Common questions

What is the statute of limitations for a wrongful death claim in Delaware?

In Delaware, the general statute of limitations for wrongful death claims is 2 years under Del. Code tit. 10, § 8107. This is general educational information; the deadline that applies to matters like yours may differ based on the specific facts of the case. Consult a licensed attorney in Delaware to confirm the deadline for your situation.

What starts the clock on the Delaware wrongful death deadline?

The SOL for wrongful death runs from the date of the decedent's death, not the date of the underlying injury or negligent act.

Are there tolling exceptions in Delaware?

Yes. Wrongful death deadlines typically run from the date of death, not the underlying injury. Estate representatives must bring the claim. Some states require the estate to be opened before the clock begins. Tolling rules vary by state and case type, so it is worth confirming with a licensed attorney in Delaware whether an exception applies to matters like yours.

What have cases like this ranged for?

Nationally, cases like this have historically ranged $100,000 – $2,000,000+ (illustrative, not specific to Delaware or to any individual case). Wrongful death claims reflect lost income, companionship, and other statutory damages, and vary sharply by jurisdiction and dependents. See the Settlement Data & Methodology hub for how these ranges are compiled.

Learn more: Settlement Data & Methodology · Statute of Limitations Checker · What is my case worth?

Other claim types in Delaware

What is my case worth in Delaware? — cited value range + this deadline

← Check a different state