01. Delaware Law Firms
Top Mesothelioma Law Firms in Delaware
Individuals diagnosed with mesothelioma or another asbestos-related illness may be eligible to file lawsuits in Delaware. Mesothelioma law firms can explain eligibility, filing options and how state laws may impact lawsuits. Asbestos lawyers at these firms can lead clients through all aspects of the filing process, including investigating claims and gathering documentation. They can also file lawsuits on their clients’ behalf.
After filing, asbestos lawyers can handle all aspects of litigation. This includes negotiating settlements and arguing cases at trial.
The following law firms can help people living in Delaware receive compensation:
Working with a mesothelioma law firm has several advantages. Their attorneys have experience with asbestos litigation and access to many resources to help them build successful cases.
Lawyers at these firms have proven track records holding asbestos companies accountable for the harm they caused and securing compensation for their clients. They can also determine if additional compensation may be obtained by filing claims with asbestos trusts.
Resources for Mesothelioma Patients
02. Filing Lawsuits in Delaware
Filing Mesothelioma Lawsuits in Delaware
If a Delaware worker or resident develops an asbestos disease from any exposure sources, they may be able to gain compensation. Asbestos victims and their families can work with a mesothelioma lawyer to determine if they are eligible to file a lawsuit.
Asbestos exposure may lead to the development of an asbestos-related illness, like mesothelioma. Between 1999 and 2020, approximately 239 people died from mesothelioma in Delaware. There were 300 cases of mesothelioma reported in the state during the same time period.
New Castle, Delaware, has been a top filing area for asbestos-related cases. In 2022, it was the 10th highest filing area, with 70 asbestos-related lawsuits filed.
Who Is Eligible to File a Mesothelioma Lawsuit in Delaware?
Individuals who lived or worked in Delaware may have been exposed to asbestos. People may have experienced asbestos exposure at their workplace or at home. Asbestos disease patients may be eligible to file personal injury lawsuits. Family members of deceased patients may also be able to file mesothelioma wrongful death lawsuits to seek compensation.
Two major industries that contributed to asbestos exposure in Delaware were construction and manufacturing.
Several jobsites exposed workers to asbestos in Delaware, including:
- Dover Air Force Base: Many military sites used asbestos in buildings and equipment. Any buildings constructed before the 1980s may contain the mineral. Asbestos has been confirmed at Dover Air Force Base.
- DuPont Corporation plants and headquarters: DuPont is one of the largest chemical companies in the world and a significant employer in Delaware. The company regularly used asbestos in its chemical plants, exposing workers to the dangerous mineral.
A geological survey also found naturally occurring asbestos in Mount Cuba, located near Wilmington, Delaware.
Delaware residents living in the following towns and cities have filed mesothelioma lawsuits to protect their rights and seek compensation from manufacturers and distributors of asbestos:
- Bethany, DE
- Delaware City, DE
- Lewes, DE
- Middletown, DE
- Millsboro, DE
- Milton, DE
- Newark, DE
- New Castle, DE
- Seaford, DE
- Selbyville, DE
- Wilmington, DE
Deadlines for Filing a Mesothelioma Lawsuit in Delaware
Delaware asbestos victims and their families may be able to file lawsuits following asbestos-related diagnoses or death. The first step toward filing a lawsuit is to contact an experienced mesothelioma law firm.
Mesothelioma attorneys can help Delaware asbestos victims determine their best filing options, find supporting evidence and navigate the legal system. Dedicated lawyers will lead their clients through every step of the legal process and file lawsuits on behalf of their clients.
Delaware requires asbestos victims and their families to file lawsuits within time frames outlined in laws called statutes of limitations. This time period normally begins on the date of the diagnosis or death.
Delaware Statutes of Limitations
Lawsuits must be filed within 2 years after a mesothelioma diagnosis.
Lawsuits must be filed within 2 years after death from mesothelioma.
Individuals harmed by asbestos may be able to file lawsuits in other states besides Delaware. Asbestos attorneys can help clients determine the best state to file in.
Asbestos victims may also be able to receive compensation in other ways. For example, some bankrupt asbestos companies have established mesothelioma bankruptcy trust funds for victims of asbestos exposure. Mesothelioma attorneys can help patients and their families navigate the trust fund claim process and file claims on their behalf.
Did You Know?
Filing VA Claims in Delaware
Delaware veterans may have been exposed to asbestos during their time in the military. Asbestos use was common in all branches of the military during the twentieth century. As a result, veterans have a high rate of mesothelioma and other asbestos diseases.
Dover Air Force Base in Dover, Delaware, has been confirmed to have asbestos contamination.
The U.S. Department of Veterans Affairs (VA) offers benefits to veterans with diseases caused by asbestos exposure during service. These benefits may also be available to veterans’ family members. They can help pay for health care, housing and other expenses. Mesothelioma lawyers can file VA claims on behalf of veterans injured by asbestos.
Filing for Benefits With the VA vs. Filing Lawsuits Against Asbestos Companies
The government sets aside VA benefit money to assist veterans in acknowledgement of their service to the country. It is the government’s policy that it owes these benefits to any qualified veteran.
Mesothelioma lawsuits are separate actions that do not involve suing the government. When veterans file mesothelioma lawsuits, they sue asbestos companies that manufactured and distributed asbestos to the U.S. military.
03. Delaware Settlements & Verdicts
Mesothelioma Settlements in Delaware
Mesothelioma victims and their family members may be eligible to seek compensation. Financial compensation can help individuals pay medical bills, recover lost wages and hold the parties responsible for their exposure accountable.
Below are a asbestos settlements compensating Delaware residents who were exposed to asbestos in the workplace:
- $2.2 million for a 75-year-old Navy veteran and at-home mechanic
- $2.1 million for a 75-year-old service engineer
- $1.5 million for a 67-year-old construction worker
- $1.4 million for a 79-year-old Navy veteran, construction worker and roofer
- $1.1 million for a 90-year-old union millwright
- $800,000 for a 75-year-old oil refinery worker
- $700,000 for a 66-year-old Navy veteran (Long Beach Naval Shipyard)
- $700,000 for a 55-year-old household worker with secondary exposure
- $500,000 for a 75-year-old Army veteran and auto mechanic
Mesothelioma Verdicts in Delaware
Delaware mesothelioma victims and their family members have also received compensation through verdicts.
In 2018, a Delaware jury awarded the wife of an asbestos victim $41.625 million. The woman’s husband was exposed to asbestos from Ford Motor Company’s automotive parts during his career as a mechanic. Ford unsuccessfully appealed the decision multiple times.
Note: Each lawsuit is different, and prior results do not guarantee a similar outcome in the future. Contact a reputable Delaware mesothelioma lawyer to understand how much compensation you may be eligible to receive.
04. Asbestos Laws in Delaware
Delaware Asbestos Laws & Regulations
In addition to federal asbestos laws, Delaware also has its own asbestos regulations in place. For example, the Delaware Code sets forth requirements for asbestos contractors, including how to handle and dispose of the mineral.
Several Delaware administrative organizations work together to promote asbestos safety in the state:
- The Department of Natural Resources and Environmental Control (DNREC) works to regulate the removal, transport and disposal of asbestos in the state.
- The Office of Management and Budget’s Division of Facilities Management (DFM) spearheads asbestos licensing, certification and training.
Anyone handling asbestos in Delaware must become certified in asbestos abatement. The certification process instructs workers how to avoid asbestos exposure for themselves and others in the area.
Delaware companies and workers must also comply with all federal asbestos regulations.
Delaware Laws Affecting Asbestos Litigation
Delaware legislation around asbestos laws is unique from other states in a few ways. Laws impacting asbestos litigation in the state include:
- Secondary exposure: Delaware courts recognize the responsibility of asbestos manufacturers in secondary asbestos exposure where spouses and household members are exposed. If the manufacturer did not provide adequate information on the risks of secondary asbestos exposure, household members of employees may have viable lawsuits.
- Successor liability: Delaware courts will review the language of company purchase agreements to determine if there was an assumption of asbestos liabilities, which would make them responsible for illnesses stemming from the actions of the purchased company.
Asbestos law is a dynamic and complex field. Mesothelioma lawyers have institutional knowledge and expertise that allows them to navigate this area of the law.