On a Delaware personal injury case, the statute of limitations is two (2) years from when the injury is claimed to have been sustained, or when the plaintiff is on notice he or she sustained a tortious injury. Essentially, a lawsuit should be filed within two years of the date of the accident.
In wrongful death cases the statute of limitations is two (2) years from when the death occurs or when the plaintiff knows or should know that the death was caused by wrongful or tortious conduct by the defendant.