Delaware injury rights, deadlines, and help

This page covers Delaware injury deadlines and what to do right now.

Are you in an emergency right now?
Check yourself and others for injuries, breathing, and bleeding.
Call 911 if anyone is hurt or the road is not safe.
Move away from traffic if you can do it safely.
Get medical care even if you feel fine. Some injuries hide for days.
This page is for after you are safe.

We are the injured person's advocate. We connect you with a lawyer who handles cases like yours, so you get the full settlement your recovery deserves. Always free. Talk to an advocate. We usually reply within minutes, at most one business day.

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)

Warning: don't wait! Delaware's 2-year injury clock is a trap, since the 90-day work-injury notice and local claim ordinances run much shorter, so people wait, and waiting kills cases. The longer you wait, the fuzzier memories get and documents get lost. Collect and save what you can, then talk to an advocate immediately. And important: medical claims against doctors or hospitals can have different, often shorter deadlines. Do not assume the standard rule covers a hospital or doctor case.

Protect your case

Talk to an advocate at WeHelpInjured. It is free.
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.
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.

Never do these

Never give a recorded statement to an insurance company, even your own. Talk to an advocate first.
Never sign a release or accept a first settlement offer before you talk to an advocate. Once you sign, you may not be able to undo it.
Never admit fault at the scene. Stick to facts only.
Never post about your injury or recovery on social media. Insurers use these posts against you.

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)

Even a properly hired lawyer can occasionally miss a filing deadline, leaving a client's only path a malpractice claim against their own attorney. 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.

Talk to an advocate. You do not have to sort out deadlines and lawyers alone.

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
Understand why a written work-injury notice, sent today, matters
Know what records, photos, and timeline details to keep
Connect with a lawyer who handles cases like yours, so you get the full settlement your recovery deserves

We do not give legal advice, and we never take money from injured people. We explain your rights in plain language and help you connect with a lawyer who handles cases like yours.

Talk to an advocate

If you or someone you love was hurt in Delaware, you do not have to sort this out alone. Start the form or open the chat. Talk to an advocate. It is free and private.

Sources

Last reviewed: 2026-08-17

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.

Injury types we cover in Delaware

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