Delaware injury rights, deadlines, and help

If you were hurt in Delaware, you probably want one answer first: how long do I have to act? This page gives you Delaware's main injury deadlines, what to do right now, and where free help is.

We are the injured person's advocate. Our help is always free to you.

The deadline box: Delaware's key time limits

Delaware's rules are gentler than some states, but the clocks are real, and the workers compensation notice rule has a catch worth understanding.

Personal injury lawsuit: 2 years. Under 10 Del. C. § 8119, most injury lawsuits must be filed within 2 years of the date the injury was sustained. This is the statute of limitations (the legal deadline to file a lawsuit). (Source)
Work injury, report to your employer: 90 days. Under 19 Del. C. § 2341, unless your employer already knew about the injury, no compensation is due until notice is given. Giving notice within 90 days of the accident preserves your back benefits. Waiting does not just risk the claim, it delays every payment. (Source)
Work injury, file the claim: 2 years. Under 19 Del. C. § 2361, a workers compensation claim (the state system that pays for work injuries) must reach the Industrial Accident Board within 2 years of the accident. Occupational disease: 1 year from when you first knew the disability was work related. (Source)
Injury involving a city or town: check the local ordinance, but 1 year is the backstop. Delaware has no statewide notice-of-claim deadline. Under 10 Del. C. § 4013(c), a municipality may require a notice by ordinance, but that requirement cannot bar your suit if you give notice within 1 year of the event. The normal 2-year lawsuit clock still applies. (Source)

One more caution. Medical claims against doctors or hospitals can run on different, often shorter deadlines. Do not assume the 2-year rule covers a hospital or doctor case.

What to do first

Get medical care now. Your health comes first, and the records also document your injury.
If it happened at work, give your employer notice today, in writing. In Delaware, benefits do not start flowing until notice is given. Keep a copy.
Write down what happened while it is fresh: date, time, place, people, and conditions.
Take photos of the scene, your injuries, and anything involved (a vehicle, a wet floor, a machine, a dog).
Get names and contact information for witnesses.
Do not sign anything from an insurance company before you understand your full medical and repair costs.
Note who owns the place where you were hurt. If a city or town is involved, send written notice within the year, and check whether that town's ordinance asks for it sooner.

Common situations in Delaware

Hurt at work. The 90-day figure sounds generous, but remember what the statute actually says: no compensation is due until notice is given. Every week you wait is a week of benefits at risk. Report the same day, in writing, and then make sure the formal claim is filed with the Board inside 2 years. Reporting and filing are two different steps.

Hurt on the road. Delaware uses modified comparative fault. Under 10 Del. C. § 8132, you can recover if your share of fault is not greater than the fault of the other side, and your recovery is reduced by your share. Past that point, you recover nothing. (Source) The difference between 49 percent and 51 percent fault is the difference between a reduced recovery and zero, which is why early photos and witness names matter.

Hurt on someone's property. Falls and unsafe conditions follow the 2-year clock. Dog bites are more protective here: under 16 Del. C. § 3053F, the owner is liable for any injury, death, or loss the dog causes, unless the victim was trespassing, committing a crime, or teasing, tormenting, or abusing the dog. Older articles cite a different section number because the statute moved, so do not be confused if you see 7 Del. C. § 1711 elsewhere. (Source)

A true story: her lawyer missed the deadline, and it took 19 years to fix

On December 23, 1995, Teresa Schmidt slipped and fell at a grocery store in Tacoma, Washington. Two weeks later she did the right thing and hired a lawyer to bring her injury case. Her lawyer never properly filed the lawsuit before the deadline ran out. Her case against the store died, not because of anything she did, but because of her own attorney. Her only path left was to sue the lawyer for malpractice. That fight took a jury trial, a retrial, an appeals court reversal, and finally a Washington Supreme Court ruling in her favor in October 2014, almost 19 years after her fall. (Source: CourtListener)

Her story is from Washington, but it could happen under any state's 2-year clock, including Delaware's. Hiring a lawyer is a strong move, and it still pays to stay engaged: ask directly when your lawsuit will be filed and get the answer in writing. That is not distrust. It is simply how you protect yourself.

What we can help with

We are on your side, and our help is free to injured people. We can help you:

Understand which Delaware deadlines apply to your situation
Put your work-injury notice in writing correctly, today
Organize your records, photos, and timeline
Find the right next step: medical care, therapy, state benefits, or a licensed attorney when your case needs one
Prepare questions to ask before you hire any lawyer, including how to confirm your filing dates

We do not give legal advice, and we never take money from injured people. We explain your rights in plain language and connect you with licensed help when you need it.

Tell us what happened

If you or someone you love was hurt in Delaware, you do not have to sort this out alone. Tell us what happened. It is free, private, and there is no pressure.

Sources

Last reviewed: 2026-08-16

This is general information, not legal advice. Deadlines can change or vary with the facts. A licensed attorney can confirm the rule for your situation.