Statutes of Limitation
A statute of limitations sets a limit of the maximum amount of time after a wrong occurs in which a person harmed by that wrong may file a lawsuit. These limitations periods can be suspended (“tolled”) for certain reasons, including when the person harmed is a minor child or is not mentally capable of understanding that he or she has been harmed.
In Delaware, if a person is a minor or mentally incompetent at the time a claim accrues, the claim may be filed up to three years after the person reaches the age of majority or is no longer mentally incompetent.