For decades, many industries in Delaware used harmful asbestos in products, machinery, equipment, and buildings. If you’re a victim of asbestos exposure, an experienced Delaware mesothelioma lawyer may be able to assist you.
If you’ve been diagnosed with mesothelioma, asbestos-related lung cancer, or asbestosis, you may be able to qualify for substantial compensation. Over $30 billion has been set aside in asbestos trust funds to compensate people injured by asbestos exposure. Fill out our form to get a free Financial Compensation Packet. You’ll learn about the experienced mesothelioma lawyers in Delaware, how to get paid in 90 days, how to file a claim for the asbestos trust funds, and more.
FREE Financial Compensation Packet
- Info on law firms that will recover your HIGHEST COMPENSATION
- Learn how to get paid in 90 days
- File for your share of $30 billion in trust funds
We are happy to offer assistance to all cities and towns in Delaware, such as:
Wilmington, Dover, Newark, Bear, Middletown, Glasgow, Brookside, Hockessin, Pike Creek Valley, Smyrna, Milford, Claymont, Wilmington, Manor, Pike Creek, North Star, Seaford, Georgetown, Elsmere, Edgemoor, New Castle, Millsboro, Laurel Highland Acres, Harrington, Camden, Dover Base Housing, Rising Sun-Lebanon, Clayton, Lewes, Milton, Riverview, Selbyville, Greenville, Woodside East, Bridgeville, Townsend, Ocean View, Kent Acres, Delaware City, Long Neck, Delmar, Cheswold, Wyoming, Rodney Village, Rehoboth Beach, Felton, Blades, St. Georges, Bellefonte, Bethany Beach, Newport, Greenwood, Frankford, Dagsboro, Frederica, Millville, South Bethany, Arden, Fenwick Island, Ellendale, Houston, Odessa, Dewey Beach, Bowers, Kenton, Ardentown, Magnolia, Little Creek, Ardencroft, Slaughter Beach, Leipsic, Woodside, Bethel, Viola, Henlopen Acres, Farmington, Hartly, and more.
Delaware Asbestos Statistics
Several industries exposed residents and workers in the state to asbestos over decades, resulting in hundreds of deaths:
- Nearly 1,300 deaths related to asbestos from 1999 to 2017.
- 211 deaths from mesothelioma, 844 from lung cancer, and 211 from asbestosis.
- The highest asbestos death rate is in New Castle County.
Am I Eligible to File a Mesothelioma Claim in Delaware?
If you have mesothelioma, it was likely caused by negligent asbestos exposure. This means you are eligible to file a claim or lawsuit for compensation.
Most asbestos exposure occurs on the job. Many companies knew about the risks of using asbestos but continued to use it and failed to warn workers.
With the help of a Delaware asbestos law firm, you can hold these companies accountable and seek compensation through one or more of the following:
How to Find a Delaware Mesothelioma Lawyer
If you’re ready to take legal action over asbestos exposure, start with a lawyer who specializes in asbestos and mesothelioma cases. Asbestos lawsuits can be very complicated, so you need an expert with experience winning for similar clients.
Your lawyer should also be part of a large asbestos firm. They will need the resources of a big firm to investigate your past asbestos exposure and build a strong case that proves the defendants were negligent.
Look for a local lawyer or firm who can help you where you live, but that has a nationwide reach. Asbestos cases often include multiple defendants and stretch across state borders.
How Was I Exposed to Asbestos in Delaware?
You most likely encountered asbestos on the job, even if you were unaware of it. Companies used asbestos for decades, putting workers at risk of exposure and illness. Some of the industries in Delaware and elsewhere that most heavily used asbestos include:
- Construction
- Chemical manufacturing
- Industrial manufacturing
- Mineral processing
- Shipyards and shipbuilding
- Steel mills
Many industries and workplaces specific to Delaware are known to have exposed workers to asbestos.
Delaware’s Chemical Industry
Chemical companies played a major part in asbestos use in Delaware. DuPont Chemical, one of the nation’s largest chemical and paint companies, exposed numerous people to asbestos in several states, including its Seaford and Wilmington locations in Delaware.
Although the company knew about the hazards of using asbestos in the 1930s, they continued using it in pipes, boilers, machinery, and equipment for decades. DuPont has faced numerous lawsuits because of its negligence.
Other chemical companies in Delaware that put workers at risk of asbestos exposure include:
- General Chemical Corporation (also known as Delaware Valley Works: DVW), Claymont
- Atlas Chemical Industries, Wilmington
- Dow Chemical, Newark
- Helix Associates Inc., Newark
- Croda Inc. New Castle
W.R. Grace in Delaware
W.R. Grace, a chemical and materials company, has faced many mesothelioma lawsuits across the nation for putting workers in harm’s way daily for several years.
In fact, over 200,000 total lawsuits have been filed against W.R. Grace.
In Delaware, a small vermiculite processing plant in Wilmington received several hundred tons of asbestos between the 1940s and the early 1990s.
The asbestos was processed and then shipped to W.R. Grace’s headquarters in Libby, Montana. Both workers and nearby residents were at risk of exposure.
What Other Job Sites in Delaware Used Asbestos?
- Atlantic Oil
- Dover Air Force Base
- Chrysler Plant
- Getty Oil Company/Refinery
- Sun Oil Company
- Texaco Refinery
- Evraz Claymont Steel Holdings
- Standard Chlorine of Delaware
- Our Lady of Lourdes Church
- Tidewater Refinery
- Motiva Enterprises
- Atlas Chemical Industries
- General Chemical Company
- DuPont Chemical
- Helix Associates Inc.
- Atlas Chemical Industries
- Standard Chlorine of Delaware
- Haveg Industrial Plant
Are There Any Schools in Delaware Built with Asbestos?
Many buildings constructed when asbestos-containing materials were heavily used are still standing and being used in Delaware today.
In 1999, the following schools were found to be in direct violation of federal laws when they failed to inspect and report each building properly:
- Albert Einstein Academy
- Hockessin Montessori School
- John Dickinson High School
- Tall Oaks Classical School
- William Penn High School
Because they failed to maintain the mandated maintenance plans, these schools risked putting thousands of students and staff members in danger. Each school received a fine between $3,000 and $5,500.
Is There Any Naturally-Occurring Asbestos in Delaware?
There is only one area in Delaware that contains a natural asbestos source. Situated in New Castle County in the northern portion of the state, the Mount Serpentine body covers 1.5 miles, and it’s littered with natural asbestos.
No asbestos in the area has been recorded as ever being commercially mined.
Delaware Laws That Affect Asbestos and Mesothelioma Lawsuits
Each state regulates personal injury and wrongful death lawsuits, including those that involve asbestos. A couple of important laws in Delaware could impact your case.
A Deadline for Filing Mesothelioma Lawsuits in Delaware
The most important law to be aware of is the statute of limitations. This sets a deadline for when you can file a lawsuit. If you miss it, you forfeit your chance to seek justice and recover damages.
For mesothelioma, the clock starts when you discover you have an illness caused by asbestos or when your loved one passes away:
- The statute of limitations for mesothelioma personal injury lawsuits in Delaware is two years.
- The statute of limitations for wrongful death lawsuits is also two years.
Secondhand Asbestos Exposure in Delaware
Secondhand asbestos exposure occurs when someone brings asbestos fibers home from work, exposing members of the household. There are many cases of family members of workers developing mesothelioma after secondhand exposure. The law has not always supported the right of these victims to seek compensation.
Delaware recognizes take-home duty regarding asbestos. This means that companies and employers have a duty to warn workers of the risks of carrying home asbestos and harming family members.
The Delaware Supreme Court recognized this duty when it ruled on a case in 2018. Dorothy Ramsey died from lung cancer. Her husband worked at Haveg Industrial Plant, where he handled asbestos paper. Dorothy washed his clothing for decades and developed asbestos cancer as a result.
What Are Delaware’s Asbestos Safety Laws?
Under Title 16, Chapter 78, of the Delaware General Assembly, several asbestos regulations must be adhered to at all times, including the following:
- No one can carry about the duties of handling, working around, or removing asbestos without first being certified by the state.
- No one, by state law, may hire a worker for asbestos abatement unless the worker is certified by the state.
- Asbestos abatement in Delaware consists of the demolition, encapsulation, removal, and salvage of asbestos, as well as transportation and disposal of asbestos to the proper landfill.
- Before being certified, those who choose to work around asbestos must be in good health and free of any respiratory problems.
- Strict training, courses, and guidelines must be met for the state of Delaware will grant official licensing and credentials to work around asbestos.
These regulations only cover the basic details of asbestos laws in Delaware. Contact the Delaware General Assembly or the Delaware Solid Waste Authority for more detailed information on asbestos laws and regulations.
Getting Medical Help for Asbestos-Related Diseases in Delaware
- St. Francis Hospital: 701 North Clayton Street, Wilmington, DE, 19805 (302-421-4100)
- Helen F. Graham Cancer Center: 4701 Ogletown-Stanton Road, Newark, DE, 19713 (302-623-4500)
If you need mesothelioma treatment or help with any other type of asbestos-related illness, look for physicians and centers specifically specializing in asbestos diseases.
Many physicians and clinics may not be able to diagnose and treat you, as well as those who are specialists in these rare illnesses.
Delaware Legal Help
If you or a family member was diagnosed with mesothelioma, asbestos-related lung cancer, or asbestosis, keep in mind that, as mentioned earlier, you may be entitled to significant financial compensation. Get our free Financial Compensation Packet for info on the top mesothelioma and asbestos lawyers in your area. For questions and assistance, feel free to contact us at 800-793-4540.
Paul Danziger
Reviewer and EditorPaul Danziger grew up in Houston, Texas and earned a law degree from Northwestern University School of Law in Chicago. For over 25 years years he has focused on representing mesothelioma cancer victims and others hurt by asbestos exposure. Paul and his law firm have represented thousands of people diagnosed with mesothelioma, asbestosis, and lung cancer, recovering significant compensation for injured clients. Every client is extremely important to Paul and he will take every call from clients who want to speak with him. Paul and his law firm handle mesothelioma cases throughout the United States.
References
- Environmental Working Group. (n.d.). Asbestos-Related Deaths in Delaware.
Retrieved from: http://www.asbestosnation.org/facts/asbestos-deaths/de/ - U.S. District Court, District of Delaware. (2012, June 11). In re. W.R. Grace & Co.
Retrieved from: http://www.leagle.com/decision/In%20FDCO%2020120613856 - Christiana Care. (n.d.). Cancer Care.
Retrieved from: http://www.christianacare.org/Cancer - Trinity Health Mid-Atlantic. (n.d.). Saint Francis Hospital.
Retrieved from: http://stfrancishealthcare.org/ - The Delaware Code Online. (n.d.). Title 16 Health and Safety. Building and Plumbing. Chapter 78. Asbestos.
Retrieved from: http://delcode.delaware.gov/title16/c078/index.shtml - JD Supra. (2022, February 14). Jurisdictional Analysis Shows Divide on Duty for Take-Home Asbestos Exposure.
Retrieved from: https://www.jdsupra.com/legalnews/jurisdictional-analysis-shows-divide-on-5674470/