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Delaware: rules and deadlines at a glance
Every 10 topic we track for Delaware on one page. Open a topic for the details, the law it comes from and how Delaware compares.
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Malpractice rules · Small claims limits · Small estate limits · Debt time limits · Shared fault rules · Medicaid expansion · ACA marketplace · Claim deadlines · Estate and inheritance tax
General information only, not legal, insurance or financial advice. Not affiliated with any government agency. Exceptions can apply; open a topic for the details.
| Medical malpractice | 2 years |
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| Wrongful death | 2 years |
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| Damage cap | No cap |
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| Expert affidavit or certificate | Affidavit of merit and expert CV filed with the complaint |
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| Before you sue | None required (review panel repealed in 2024) |
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| Dollar limit | $25,000 (Justice of the Peace Court) |
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| Filing fee | $35 to $45 for debt claims |
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| Lawyers | Not needed for individuals |
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| Small estate limit | $50,000 personal estate (deaths on or after June 10, 2026; $30,000 before) |
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| Wait after death | 30 days |
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| Real estate | No |
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| Credit cards / open accounts | 3 years |
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| Written contracts | 3 years |
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| Promissory notes | 6 years |
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| Rule | Modified comparative negligence (51% bar) |
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| When you are barred | Barred if you are 51% or more at fault |
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| Expanded? | Yes |
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| Since | Jan. 1, 2014 |
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| Marketplace type | Federal marketplace |
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| Where to enroll | HealthCare.gov |
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| Acknowledge | 15 working days to respond; start investigating within 10 working days |
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| Accept or deny | 30 days after proof of loss |
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| Pay | Not set by rule |
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| Estate tax | No state estate tax |
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| Inheritance tax | No inheritance tax |
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