Delaware mesothelioma lawyers help asbestos victims get the justice and compensation they need to pay for medical bills and other expenses. Thousands of people in the small state of Delaware have died from asbestos-related diseases because of exposure that mostly occurs in the workplace.[1] Delaware mesothelioma attorneys have helped people recover millions in damages.
How Mesothelioma Lawyers Help Victims Across Delaware
Whether you live in Dover, New Castle, Newark, Middletown, Wilmington, or other Delaware cities, the right lawyer can help you find compensation after a mesothelioma diagnosis.
Mesothelioma is a terrible cancer caused by asbestos exposure. Many Delaware residents encountered asbestos in industrial jobs decades ago. Some of those people developed mesothelioma much later.
Experienced asbestos attorneys offer free consultations and help their clients track down the companies responsible for their illnesses. They then explain their legal options and get results fast.
How Do I File a Mesothelioma Claim in Delaware?
Once you have an excellent attorney or firm lined up, they will explain your legal options and how to proceed. The right firm will provide resources, investigators, and medical specialists to find the evidence needed to prove which companies are responsible for your asbestos exposure.
In Delaware, you have a few legal options as a victim of asbestos and mesothelioma:
- You can file a personal injury lawsuit against companies that exposed you to asbestos in the past. Most of these cases end in settlements within a few months and never go to court.
- If your spouse died from mesothelioma, consider filing a wrongful death lawsuit. You can recover damages for funeral expenses, lost income, and pain and suffering.
- If the companies responsible for your asbestos exposure went bankrupt, you can file an asbestos trust fund claim. Bankrupt companies were required to set up these trusts as part of the process and to compensate future victims.
- Veterans can file for Veteran Administration benefits if asbestos exposure occurred during active service.
Your legal team will advise you as to your best option. They will then take the lead and do all the leg work to ensure you have the best chance of getting compensation for your illness.
Who Is Eligible for Asbestos Compensation in Delaware?
Most people with mesothelioma are eligible for compensation because it is almost always caused by negligent asbestos exposure.
You will need to know which companies caused your exposure. It was likely an employer or supplier to your workplace. An experienced firm with resources can track down the source of your exposure to help make your case. These are some of the common asbestos exposure sources in Delaware:
Industrial Asbestos Exposure in Delaware
Delaware has a long history of industrial workplaces that put people at risk. Current regulations make working in industrial plants and other workplaces safer; however, asbestos still poses a threat, and past workers still suffer from the effects of being exposed to asbestos.
Chemical manufacturing has long been an important industry in Delaware.[2] Large, well-known companies like Dow and DuPont, as well as smaller chemical manufacturers like Atlas Chemical Industries, General Chemical Corporation, Allied Chemical, Helix Associates, and others, have had or currently still have facilities in the state. All have a history of using asbestos.
Plant operators and machinists, especially those who worked in chemical plant boiler rooms, were at increased risk of asbestos exposure.
Another important source of asbestos exposure in Delaware was at a small vermiculite processing plant. Vermiculite is a natural mineral that is mined and processed for many uses, and it often comes out of the ground contaminated with asbestos. One of the most contaminated vermiculite mines was the W.R. Grace mine in Libby, Montana.[3]
Workers at that mine and thousands of nearby residents were exposed to the contaminating asbestos for decades. The disaster of the Libby mine spread around the country because W.R. Grace supplied processing plants with vermiculite in several states, including Delaware. A small plant in Wilmington may have processed Libby vermiculite from the 1940s through the 1990s.[3]
Naturally Occurring Asbestos in Delaware
Most dangerous asbestos exposure occurs in workplaces such as industrial plants, but naturally occurring asbestos can also pose a risk. Delaware has one deposit of asbestos, which is located in New Castle County. It is a geographic area known as the Mount Cuba serpentine body, and it covers a couple of square miles.[4]
The asbestos at this site is part of natural deposits of other minerals like talc. While the asbestos at the site has never been mined, it still poses a danger to residents.
Development projects, like building new roads, can disturb the asbestos and send the fibers airborne, where anyone in the area can inhale them.
Known Delaware Workplaces That Were Sites of Asbestos Exposure
In addition to chemical plants and naturally occurring deposits, many other facilities in Delaware are known to have contained asbestos.
Although the state is small, it has several industrial workplaces that put people at risk of mesothelioma and other illnesses:
- Abex Corporation, New Castle
- American Brake Shoe Company, New Castle
- Dover Air Force Base, Dover
- Dravo Shipyard, Wilmington
- Texaco Refining Company, Delaware City
- Owens-Corning Fiberglas Corporation, Newark
- Scott Paper Company, Dover
- Georgia Pacific, Wilmington
- Phoenix Steel Corporation, Claymont
- Westinghouse Electric Company, Claymont
- Wilmington Iron Works, Wilmington
What Are Delaware’s Asbestos Laws?
Delaware laws protect people from additional exposure. For those exposed decades ago, laws in the state impact how they take legal action and recover damages.
Asbestos Safety Regulations in Delaware
Delaware asbestos laws focus on safe removal and abatement. The laws also ensure the safety of public buildings and schools. Any demolition or renovation work on buildings must take existing asbestos into consideration.
Delaware requires asbestos licensing through the state. Licensing should ensure that the removal and disposal of asbestos follows strict rules and guidelines.[5]
Asbestos workers must also keep careful records of all work-related asbestos projects. Workers must submit it to the state if requested. The state follows all federal laws regarding air quality and workplace safety.
Federal laws are set by the Environmental Protection Agency and Occupational Safety and Health Administration.[5]
Statute of Limitations on Asbestos and Mesothelioma Lawsuits
In Delaware, the statute of limitations on asbestos lawsuits is two years from the time of diagnosis. Asbestos wrongful death cases are also limited to two years after the time of death.[6]
These limits mean that people who are victims of asbestos exposure need to work quickly to gather information and file a lawsuit for compensation.
Take-Home Duty for Secondhand Exposure
Take-home duty means that asbestos companies had a duty of care to warn family members of people who worked with their products. Secondhand exposure occurs when someone brings fibers of asbestos home, exposing family members.
Delaware is one of several states that recognize this take-home duty, expanding legal options to victims of secondhand asbestos exposure.
The Delaware Supreme Court recognized this duty in a case in which a woman developed asbestos-related lung cancer. Dorothy Ramsey’s husband worked with asbestos paper in an industrial plant. At home, she shook out his contaminated clothing and washed it, likely inhaling asbestos fibers in the process.
The Court determined that the company should have provided a warning and either instructions for the safe laundering of clothing or on-site arrangements to deal with contaminated clothing. Because they did not, Ramsey had a right to sue for damages.[7]
How Much Compensation Can Delaware Mesothelioma Lawyers Get Their Clients?
Damages depend significantly on individual factors. No lawyer can guarantee you will recover a certain amount. Past cases can help you understand what a good lawyer can do for asbestos victims.
$2.5 Million for Insulation Workers
In one notable case, a jury awarded a group of insulation workers $2.5 million in 1990. The workers became sick from asbestos exposure while working at the Texaco refinery in Delaware City.
They spent years removing and installing asbestos insulation as contract workers.[8] The judge reduced the jury award, but the victims still received significant financial compensation.
In 2010, a DuPont representative admitted in a court deposition that the company knew the health dangers of asbestos as early as the 1930s.
Thousands of DuPont employees were exposed over decades on the job and put at risk of serious health problems because the company withheld this important information.[9]
$2.86 Million for Asbestos Wrongful Death
One of the largest awards against a single defendant in Delaware came in 2012. Michael Galliher died from mesothelioma after working in a factory making plumbing fixtures. He routinely used talc in his work, which was contaminated with asbestos.
His family sued RT Vanderbilt Company, Inc., which owned the mine that supplied the talc. A jury in Delaware awarded Galliher’s family $2.86 million because the company failed to warn of the risks of asbestos in its product.[10]
Working with a Delaware Mesothelioma Lawyer
The best way to ensure that you do not miss out on your opportunity to get compensation is to work with a Delaware mesothelioma lawyer. Seek out an experienced and expert lawyer or law firm as soon as possible after a death or diagnosis. Let this legal professional help you gather all the necessary evidence, make a strong case, advocate for you, and either reach a settlement or win a jury-awarded verdict.
