Delaware law

Personal Injury Laws in Delaware.

Delaware follows a modified comparative fault system with a 51% bar, meaning you can recover damages only if your fault does not exceed 50%. Delaware is a tort (at-fault) state for auto insurance, though drivers must also carry personal injury protection (PIP) coverage. The general statute of limitations for personal injury is 2 years.

Last verified: 2026-02-25

State law

Statute of Limitations

2 yearsDel. Code Ann. tit. 10, § 8119

Personal injury claims must be filed within 2 years from the date of injury. This applies to most tort claims including car accidents, slip and falls, and other negligence-based injuries.

Exceptions

Discovery Rule — 2 years from discoveryLayton v. Allen, 246 A.2d 794 (Del. 1968)

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.

Minors — Tolled until age 18, then standard periodDel. Code Ann. tit. 10, § 8116

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 — 2 years from date of deathDel. Code Ann. tit. 10, § 8119

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.

State law

Fault & Liability Rules

Modified Comparative Fault (51% Bar)Del. Code Ann. tit. 10, § 8132

You can recover damages as long as your fault does not exceed 50%. Your recovery is reduced by your percentage of fault. If you are 51% or more at fault, you are completely barred from recovering any damages.

State law

Damage Caps

Compensatory Damages: No cap

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

Punitive Damages: No fixed statutory cap

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.

Government Liability: $300,000 per occurrenceDel. Code Ann. tit. 10, § 4013

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

State law

Auto Insurance System

Tort (At-Fault) with Mandatory PIPDel. Code Ann. tit. 21, § 2118

Delaware is an at-fault state, meaning the person who caused the accident is responsible for damages. However, all drivers must also carry PIP coverage ($15,000/$30,000) that pays medical expenses regardless of fault. You can sue the at-fault driver for additional damages without meeting an injury threshold.

State law

Key Delaware Statutes

Joint and Several LiabilityDel. Code Ann. tit. 10, § 8132

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.

Dog Bite Strict LiabilityDel. Code Ann. tit. 7, § 1711

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.

State law

Official Sources

Delaware Code Online Delaware Courts

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Delaware.

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Personal Injury Laws in Delaware.

Statute of Limitations

Fault & Liability Rules

Damage Caps

Auto Insurance System

Key Delaware Statutes

Official Sources

Not Legal Advice

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