The law requires that you file a lawsuit within a specified period of time depending on the nature of the claim and the entity that caused your injury. This is referred to as the statute of limitations. Failure to file suit within this time frame prevents you from filing suit at all. In Delaware, an action for recovery of damages upon a claim for personal injuries must be brought within two years from the date upon which it is claimed such injuries were sustained. If a claimant is under disability of infancy or mental incompetence, the limitation period is tolled until three years after removal of the disability. In claims for medical malpractice, if the injury could not reasonably be discovered, the claimant is given an additional year in which to bring an action and minors six years of age or younger have two years or until their sixth birthday.