What are the applicable statutes of limitations?

In Delaware, most civil actions must be commenced within two years from the date of the cause of action according to the Delaware Code, Title 10, Section 8119. There are some exceptions to this rule, however. For example, actions involving a sworn written instrument must be brought within three years of when the cause of action arises. Additionally, any claim for relief, other than a medical malpractice claim, must be brought within two years from the date the cause of action arises, however, the two-year period can be tolled, or suspended, for various reasons, such as mental incompetence or minority status. In other words, if the plaintiff meets certain criteria, they may be able to bring the claim after the two-year period has expired, but only within the three-year period. Lastly, any actions involving professional malpractice must also be brought within two years, but there are special limitations for these actions, such as a one-year limitation for any action based upon the unauthorized practice of law. Overall, the applicable statutes of limitations can vary significantly depending on the type of action, with some actions having a longer or shorter period of time within which to bring a claim. Therefore, it is important to consult with a qualified civil litigation attorney to determine the applicable statute of limitations in any given case.

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What are the applicable statutes of limitations?

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