Del. C. » Title 10 — Limitation of Actions · CHAPTER 81. Personal Actions · Courts and Judicial Procedure
Delaware Code

10 Del. C. § 8119 (2026)

Personal injuries

✓ current as of May 2026
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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; subject, however, to the provisions of § 8127 of this title.

20 Del. Laws, c. 594, §  1;  Code 1915, §  4675;  Code 1935, §  5133;  10 Del. C. 1953, §  8118;  52 Del. Laws, c. 339, §  2;  57 Del. Laws, c. 568, §  3; 
Notes of Decisions
Cited in 185 cases (74 in the last 5 years), 1956–2026 · leading case: Avins v. Moll, 610 F. Supp. 308 (E.D. Pa. 1984).
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Avins v. Moll, 610 F. Supp. 308 (E.D. Pa. 1984). · cites it 4× “Finally, all of the claims are barred individually and as a whole by the various applicable statutes of limitations: 10 Del.C. § 8119, as to physical and mental injuries; 10 Del.”
Hamilton v. Turner, 377 A.2d 363 (Del. Super. Ct. 1977). · cites it 6× “Turner, who found no inflammatory disease or tenderness, but recommended gynecological care for her.”
Dolan v. Williams, 707 A.2d 34 (Del. 1998). · cites it 3× “Under 10 Del.C. § 8119, an action for alleged personal injuries must be brought within two years of sustaining the injuries.”
Smith v. Delaware, 236 F. Supp. 3d 882 (D. Del. 2017). “See 10 Del. C. § 8119; Johnson v. Cullen, 925 F.”
Carr v. Town of Dewey Beach, 730 F. Supp. 591 (D. Del. 1990). · cites it 2× “5 The applicable limitation period for malicious prosecution claims is the two-year period for personal injuries in 10 Del. C. § 8119. Pagano v. Hadley, 553 F.”
Pagano v. Hadley, 553 F. Supp. 171 (D. Del. 1982). · cites it 6× “In the circumstances of this case, the two statutes which the Delaware courts might arguably apply to a false imprisonment claim or a malicious prosecution claim are a two year statute, 10 Del.C. § 8119, 3 and a three year statute, 10 Del.”
Anderson v. Wachovia Mortg. Corp., 497 F. Supp. 2d 572 (D. Del. 2007). “2617 , which in Delaware is two years, see 10 Del. C. § 8119. 13 . “Except as otherwise provided by law, a civil action arising under an Act of Congress enacted after the date of the enactment of this section may not be commenced later than 4 years after the cause of action…”
Whitwell v. Archmere Academy, Inc., 463 F. Supp. 2d 482 (D. Del. 2006). · cites it 3× “Likewise, under the Delaware Code, “the determination and application of the law to be applied” to count III of the complaint is relatively easy: 10 Del. C. § 8119 bars the initiation of lawsuits for personal injuries more than two years after the injuries were sustained;…”
Tilden v. Anstreicher, Md, 367 A.2d 632 (Del. 1976). · cites it 2× “§ 8116), 2 rather than that for *634 personal injuries (10 Del.C. § 8119.) 3 We disagree. I This action to recover damages for semi-paresis suffered as a result of a May 11, 1970, operation known as a prefrontal lobotomy was filed November 5, 1973,, on behalf of Lydia Tilden, a…”
DeWitt v. Penn-Del Directory Corp., 872 F. Supp. 126 (D. Del. 1994). · cites it 3× “§ 8106 or 10 Del.C. § 8119 provides the most analogous statute of limitations for plaintiffs claim.”
Smiley v. Daimler Chrysler, 538 F. Supp. 2d 711 (D. Del. 2008). “10 Del. C. § 8119; Read v. Baker, 430 F.Supp.”
Enrique Torruella-Torres v. Fort Dix FCI, 678 F. App'x 59 (3rd Cir. 2017). “1 10 Del. C. § 8119; N.J.S.A. 2A:14- *60 2; see also King v.”
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