Compare the timing questions
| Claim family | Starting framework | Important qualifications |
|---|---|---|
| Ordinary crash, premises or product-related injury | 10 Del. C. § 8119 generally provides two years for personal injury. Primary statutory source | Accrual, tolling, minors, defendants, underlying theory and insurance procedures can alter the analysis. |
| Wrongful death and survival | § 8107 generally provides two years from accrual for wrongful death. Primary statutory source | Survival is a distinct claim; underlying medical or other rules, estate representation and accrual need separate review. |
| Medical negligence and birth injury | 18 Del. C. § 6856 generally provides two years from injury, with a qualifying provision up to three years. Primary statutory source | The three-year provision is not three years from discovery. Minor provisions and compliant notice of intent have specific conditions. Affidavit-of-merit rules are separate. |
| Workers’ compensation accident | Employer notice under § 2341 differs from Board filing under § 2361. Primary statutory source | The general accident filing framework, prior qualifying compensation, disease, death and other statutory situations require separate assessment. An employer report is not a petition. |
| Occupational disease | Disease notice and filing have distinct provisions in §§ 2342 and 2361. Primary statutory source | Medical knowledge, work connection, disability and payment history matter; do not choose one accident date for gradual exposure. |
| Qualifying railroad employee / FELA | 45 U.S.C. § 56 generally provides three years from accrual. Primary statutory source | Gradual conditions, knowledge of work connection, coverage and forum need review. Retaliation procedures can have separate shorter limits. |
| Public-entity injury | State and local immunity, notice and insurance frameworks must be identified first. Primary statutory source | No universal public-entity deadline is supplied. Entity identity, specific waiver and local requirements must be investigated. |
| Childhood sexual abuse | 10 Del. C. § 8145 addresses qualifying minor-abuse civil claims. Primary statutory source | Scope, location, offender, institutional theory and the expired historical revival provision need individual review; do not apply it to all adult abuse claims. |
Bring dates, not assumptions
- Incident, symptoms, diagnosis and when a work connection was first explained.
- Employer, agency and insurer notice dates with copies.
- Earlier payments, agreements, petitions, filings and proposed releases.
- Age, estate status, location and actual identity of each potential defendant.
Why this is not a deadline calculator
Courts determine accrual and exceptions from legal and factual circumstances. Insurance contracts may impose additional reporting obligations. A website cannot decide which rule applies or whether an exception is available. Medical-record requests, a criminal investigation and a consultation request are not substitutes for timely action.
Discuss your situation
General education, not personalized legal or medical advice. Individual facts, current law and exceptions control. A website request does not create representation or preserve a deadline.
Contact Michael P. Minuti