Delaware Personal Injury Laws

When an injury could not reasonably have been discovered at the time it occurred, the statute begins running from the date the injury was or should have been discovered.

The statute of limitations is tolled for minors until they reach the age of 18, at which point the standard limitation period begins to run.

Wrongful death actions must be filed within 2 years from the date of death, which may be later than the date of the injury-causing incident.

Delaware does not impose a statutory cap on compensatory damages in personal injury cases.

Punitive damages require clear evidence of willful or reckless disregard for the safety of others. While there is no statutory cap, awards must be proportional to the conduct.

Claims against the State of Delaware or its political subdivisions are capped at $300,000 per occurrence unless the entity carries higher insurance.

Under Delaware's comparative negligence statute, each defendant is liable only for their proportional share of fault. Joint and several liability has been largely replaced by proportional liability.

The owner or keeper of a dog is liable for damages caused by the dog injuring, killing, or chasing a person, domestic animal, or service animal, without the need to prove the owner knew the dog was dangerous.