Filing an Asbestos Claim in Delaware

To file an asbestos claim, you must first gather evidence and talk to a Delaware mesothelioma lawyer. Collect your medical records and find information about your work history. Your experienced asbestos lawyer will guide you through the next steps. They’ll assess the details of your exposure history and build a strong case.

Key Facts About Filing Claims in Delaware

  1. Delaware’s statute of limitations requires plaintiffs to file a lawsuit within 2 years of their diagnosis. 
  2. In Delaware courts, multiple defendants can be held responsible for the full amount of damages. 
  3. Punitive damages can be granted if the plaintiff can prove the defendant acted with reckless disregard for the safety of others. 
  4. Filing a claim with an asbestos trust fund can affect the amount of compensation received in a Delaware lawsuit. 

Filing a mesothelioma lawsuit involves many legal steps. A top asbestos lawyer in Delaware will handle these details for you. Experienced asbestos lawyers know how Delaware laws apply to your case. They make the legal process easier for you and your family.

How Can Hiring an Asbestos Lawyer in Delaware Help Me?

Hiring a Delaware mesothelioma attorney with experience in cases like yours can benefit your case. A top law firm will understand Delaware’s complicated legal procedures and can file your asbestos lawsuit in the correct court. They can advise if you’re eligible for multiple claims and help you navigate different legal options.

A qualified firm has a background in gathering evidence of asbestos exposure in Delaware. They know the kind of evidence required to help you get the money you need for medical bills and lost wages. A general personal injury lawyer won’t have this kind of specialized experience.

Delaware Mesothelioma Law Firms

Lawyers at local mesothelioma firms know specific asbestos products and Delaware industries and companies that used or manufactured them. They’re also familiar with the specific challenges Delaware’s legal system presents. 

While some consider the state less favorable for asbestos lawsuits, experienced mesothelioma lawyers have achieved successful outcomes. They know how to present evidence effectively. They understand the judges and how juries operate in the state. Working with a lawyer with a proven track record in Delaware can help you get the best possible results. 

Nationwide Asbestos Law Firms Outside Delaware

Delaware residents diagnosed with mesothelioma may consider a nationwide asbestos law firm. If your exposure happened outside Delaware, you may need a nationwide firm to help. Responsible companies may have headquarters in other states. This means you might need to file a lawsuit elsewhere. Nationwide firms can help you find the right place to file.

Weitz and Luxenberg
700 Broadway
New York, NY 10003
  • $8.5 Billion Recovered
  • Serves Clients Nationwide
  • Rated #1 by U.S. News & World Report for 2022
Simmons Hanly Conroy Logo
1 Court St
Alton, IL 62002
  • $8.9 Billion Recovered
  • Serves Clients Nationwide
  • Rated a Tier 1 Law Firm in 2022 by U.S. News & World Report
meirowitz & wasserberg logo
1040 Sixth Avenue 12B
New York, NY 10018
  • $200 Million Recovered
  • Serves Clients Nationwide
  • Rated in the Top 10 Asbestos and Mesothelioma Trial Lawyers
Nemeroff Law Firm Logo
8226 Douglas Avenue Suite 740
Dallas, TX 75225
  • $500 Million Recovered
  • Serves Clients Nationwide
  • Rated a “Hall of Fame” law firm by The Legal 500
Cooney & Conway Logo
120 N Lasalle Street Suite 3000
Chicago, IL 60602
  • $7 Billion Recovered
  • Serves Clients Nationwide
  • Rated a National Tier 1 Firm by U.S. News & World Report in 2022
Galiher DeRobertis & Waxman
820 Mililani Street Suite 505
Honolulu, HI 96813
  • $600 Million Recovered
  • Serves Clients Nationwide
  • 30+ Years Experience

Working with a nationwide mesothelioma law firm has many benefits. They have experience filing claims in many states. They know how to handle complex asbestos cases. These firms can gather evidence from all over the country. They fight for the best possible outcome and work hard to get you the compensation you deserve.

Asbestos Compensation in Delaware

Even though Delaware juries don’t often issue big verdicts, one jury issued a $40.6 million verdict in 2018. The Delaware jury awarded the hefty award to the surviving family of Larry Knecht. He had developed mesothelioma from asbestos exposure. The jury ordered Ford, General Motors, Chrysler and Johns-Manville to pay the damages.

Most mesothelioma cases in Delaware and throughout the U.S. end with a mesothelioma settlement. This means the parties agree on a financial resolution instead of going to trial. Lawyers negotiate with defendants on your behalf to secure mesothelioma compensation for you. Settlements help families receive money faster to afford medical bills and living expenses.

Delaware Laws That Regulate Asbestos 

Delaware asbestos regulations include state laws and federal legislation. These rules protect residents and dictate how companies handle asbestos. They ensure safe removal and disposal.    

Laws Governing Asbestos in Delaware

  • Delaware Administrative Code 4475: Outlines the state’s asbestos regulations. 
  • Delaware Code Title 16: This code controls the health and safety of asbestos removal projects.

Delaware’s Department of Natural Resources and Environmental Control enforces these rules. They inspect sites and ensure compliance. They hold companies accountable for violations. The Division of Air Quality sets limits on how much asbestos can be released into the air. The Delaware Solid Waste Authority manages asbestos waste disposal.

State laws now prescribe safety measures to prevent current workers from inhaling asbestos. But former workers had an elevated risk of asbestos exposure.

How Asbestos Exposure Happens in Delaware 

Delaware residents experienced asbestos exposure living near and at work in industries like shipbuilding and power generation. Chemical manufacturers, for example, relied on asbestos insulation for their machinery. Even the safety suits to protect workers against chemical exposure likely contained asbestos fibers.

Sites Known for Asbestos Exposure

  • Atlas Chemical Industries: This chemical industry company had job sites with known asbestos usage. Asbestos resists chemical erosion and helps prevent fires in chemical plants.
  • DuPont Chemical Facilities: DuPont had numerous facilities throughout Delaware where they used asbestos extensively. This includes chemical plants in areas like Edgemoor and Seaford. Workers faced exposure in various roles within these plants.
  • Delaware River Iron Ship Building and Engine Works: Delaware’s shipyards, particularly those active during the mid-20th century, heavily used asbestos for ship construction and repair. Workers handled asbestos insulation while building and repairing ships.  
  • Delaware schools: Schools in Delaware built before the 1990s are likely to contain asbestos. The U.S. Environmental Protection Agency cited 5 schools in Delaware for violating asbestos inspection and recordkeeping regulations in 2000. 
  • Delmarva Power & Light Company: Power generation facilities like those Delmarva Power & Light operated used asbestos for insulating boilers, pipes and other high-temperature equipment.
  • Evraz Claymont Steel Holdings: Asbestos use may have placed workers at risk for mesothelioma at this manufacturing site. Steelworks often used asbestos products to insulate their equipment.
  • Vermiculite plant: A Delmar vermiculite processing facility received more than 314 tons of asbestos-contaminated ore from the W.R. Grace mine in Libby, Montana. This facility operated between 1943 and 1993 and processed 16 shipments from Libby.

While Delaware doesn’t have naturally occurring asbestos deposits, buildings constructed before the 1980s often contain asbestos. While the risk today isn’t as high as decades ago, legacy asbestos products remain in many Delaware buildings. Schools undergo inspections to ensure old asbestos products don’t harm students and faculty. 

Occupations & Industries Known for Asbestos Exposure in Delaware

Occupational asbestos exposure in Delaware poses a serious health risk. Workers handled dangerous materials in Delaware’s industries, including chemical production, shipbuilding and construction. Military exposure at bases and secondary asbestos exposure within families also occurred.   

Higher-Risk Jobs in Delaware

  • Boilermakers
  • Chemical plant workers
  • Construction workers
  • Insulators
  • Mechanics
  • Military personnel
  • Shipyard workers   

Chemical plants, energy stations, factories and steelworks are among the companies in Delaware that used asbestos products. The DuPont Chemical company was responsible for many asbestos-related cases in Delaware.

Delaware companies knew about the dangers of asbestos. Many individuals now have serious illnesses because of past occupational exposure. Workers who get sick can file lawsuits to hold these companies accountable. 

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