Delaware Code
10 Del. C. § 8107 (2026)
Actions subject to 2-year limitation
✓ current as of May 2026
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No action to recover damages for wrongful death or for injury to personal property shall be brought after the expiration of 2 years from the accruing of the cause of such action.
10 Del. C. 1953, § 8106A; 52 Del. Laws, c. 339, § 1;Notes of Decisions
Cited in 19
cases (7 in the last 5 years), 1977–2025 · leading case: Blake v. Town of Delaware City, 441 F. Supp. 1189 (D. Del. 1977).
Blake v. Town of Delaware City, 441 F. Supp. 1189 (D. Del. 1977). “The actions upon which Blake bases his claims for damages are: (1) the adoption of Ordinance 2007 on February 8, 1971, (2) his arrest and the seizure of his cars on June 29, 1974, and (3) the defendants’ failure to return his cars after January 15, 1975, when a Common Pleas…”
Snavely v. Auto. Ins., 438 A.2d 1229 (Del. Super. Ct. 1981). “Defendants moved for summary judgment on the ground that suit was not filed within two years after the accident and was barred by 10 Del.C. § 8107 and § 8119. Plaintiff contended that since defendant’s insurer had paid medical claims and funeral expenses pursuant to no-fault PIP…”
Fed. Ins.. v. Lighthouse Constr. Inc., 230 F.R.D. 387 (D. Del. 2005). “The applicable statute of limitations for this action is two years as provided in 10 Del. C. § 8107. However, Federal did not file its Motion For Leave To File Rule 14(a) Claim Against East Coast until March 8, 2005, shortly after the expiration of the two-year limitations…”
St. Philip's Evangelical Lutheran Church of Wilmington, Delaware v. Delmarva Power & Light Co. (Del. Super. Ct. 2018). “Defendant argues the relevant statute is 10 Del C. §8107 under which “no action … shall be brought after the expiration of two years from the accruing of the 4 cause of such action.”
August v. Hernandez (Del. Super. Ct. 2020). “Defendants contend that 10 Del C. § 8107° applies and Plaintiff failed to bring her case within the two years.”
State of Delaware Ins. Coverage Off. v. Garrison Prop. & Cas. Ins. Co. (Del. Super. Ct. 2022). “6 3 See generally 10 Del. C. § 8107 (1960). 4 D.I. 1, Ex. A (Arb.”
Greenfield v. Budget of Delaware, Inc. (Del. Super. Ct. 2017). “Title 10 Del. C. § 8107 provides that no action to recover damages for wrongful death or for injury shall be brought after the expiration of two years from the accruing of the cause of such action.”
Pierce v. Williams (Del. Super. Ct. 2018). “2° In particular Plaintiffs argue: (1) the claims arise out of the same occurrence as the original pleading; (2) Todman was on notice of the claim during the 120-day period for service under Rule 40); and (3) she 15 See, 10 Del. C. § 8107 (“No action to recover damages for…”
Hamilton v. MPB Corp. (Del. Super. Ct. 2019). “'’ Timken represents that a Defendant (Honeywell) did advise Timken of the existence of the lawsuit in November 2018, but even this informal notice is well beyond expiration of the statute of limitations, even as '6 10 Del. C. §8107. "DI. 84. extended by 120 days to account for…”
Adames v. Adames (Del. Super. Ct. 2020). “17 Because Miguel filed 12 10 Del. C. § 8107 (“No action for the recovery of damages upon a claim for alleged personal injuries shall be brought after the expiration of 2 years from the date upon which it is claimed that such alleged injuries were sustained.”
Clifton v. Rite Aid of Delaware, Inc (Del. Super. Ct. 2020). “9 10 Del. C. §8107. 2 against Rite Aid on March 21, 2019, well within the statute.”
Reilly v. Delaware Dep't of Prob. & Parole (Del. Super. Ct. 2021). “35 10 Del. C. § 8107. 36 Id. 37 Compl., D.I.”
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