What is a statute of repose?

A statute of repose is a law that puts a time limit on a personal injury claim, such as an accident claim, from the time of the injury. In the state of Delaware, the general rule is that a lawsuit for personal injury, whether caused by negligence or other wrongful acts, must be brought within two years from the date of the injury. This two-year statute of limitations applies regardless of when the injured person discovers the injury or realizes its severity. A statute of repose, which is sometimes referred to as a “statute of ultimate repose”, is a law that puts an even stricter time limit on the filing of a lawsuit. A statute of repose sets a time limit beyond which an injured person can no longer bring a claim regardless of when the injury occurred or was discovered. It can be longer or shorter than the general two-year statute of limitations for personal injury, depending on the type of claim. In Delaware, a statute of repose applies to claims involving construction-related activities, such as a claim for a defect in design, planning, or workmanship of an improvement to real property. These claims must be brought within 10 years from the date of the completion of the improvement. It is important to be aware of a statute of repose in Delaware as it can drastically affect the amount of time you have to file a claim for injury due to someone else’s negligence. If you think you may have a claim in Delaware, it is a good idea to consult a lawyer as soon as possible to make sure all of the applicable time limits are met.

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What is a statute of repose?

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