Delaware Mesothelioma Lawyers

Filing Deadlines in Delaware

Delaware sets a statute of limitations on mesothelioma lawsuits. The clock starts at diagnosis, not exposure.

Missing these deadlines can permanently bar a family's right to compensation.

When the Clock Starts

In Delaware, the statute of limitations begins on the date of diagnosis, not the date of asbestos exposure. This is called the "discovery rule."

Mesothelioma has a latency period of 20 to 50 years. Without the discovery rule, most patients would lose their right to file before they even knew they were sick.

The clock starts when:

• A physician provides a formal mesothelioma diagnosis
• Symptoms reasonably indicated the disease was present

Personal Injury Claims in Delaware

Delaware allows 2 years from diagnosis to file a personal injury claim. These claims are filed by the patient and typically seek recovery for medical expenses (past and future treatment), lost wages, pain and suffering, and loss of quality of life, meaning the impact of the disease on daily activities, relationships, and ability to work.

Wrongful Death Claims in Delaware

Delaware allows 2 years from the date of death to file a wrongful death claim. These claims can be filed by:

• Surviving spouse
• Children (including adult children)
• Parents (in some cases)
• Estate representative

Wrongful death claims can recover compensation for:

• Medical expenses incurred before death
• Funeral and burial costs
• Loss of financial support
• Loss of companionship and guidance

Asbestos Exposure Sites in Delaware

Delaware has 2 cities with documented asbestos exposure sites and 6 liable parties on record. Workers in these areas may have grounds for mesothelioma claims.

Select a city to view specific exposure sites, companies, and facilities with known asbestos exposure history.

Delaware has 1 cancer centers specializing in mesothelioma treatment. For a complete list of documented asbestos exposure sites in Delaware, see our exposure database.

Types of Compensation in Delaware

Families in Delaware affected by mesothelioma may qualify for multiple forms of compensation. Most cases involve a combination of trust fund claims and litigation.

Lawsuits and Settlements

Personal injury or wrongful death lawsuits can be filed against companies responsible for asbestos exposure. Most cases settle before trial, with average mesothelioma settlements ranging from amounts that vary widely by case. Total compensation can be significantly higher when combining multiple sources. Delaware courts generally allow expedited scheduling for mesothelioma cases.

Asbestos Trust Funds

Over 60 bankruptcy trusts hold more than $30 billion for asbestos victims. These claims are separate from lawsuits and can be filed regardless of whether a company is still operating. Trust fund claims have their own deadlines and requirements.

Learn about trust fund claims →

Asbestos Exposure History in Delaware

Chemical plants and shipyards formed the core of the state's exposure, concentrated in New Castle County near Wilmington and Delaware City. Workers at DuPont Chemical facilities, Getty Oil Refinery, General Chemical Company, and Pusey and Jones shipyard all handled asbestos in boilers, pipes, and production lines. DuPont executives knew the dangers since the 1930s but didn't adequately protect employees.

The state's exposure concentrated in chemical manufacturing and maritime repair. A single natural asbestos deposit exists at the Mount Cuba serpentine body. Hercules Powder Plant, Indian River Steam Plant, and Allied Chemical plants all used asbestos for heat resistance in furnaces and valves.

Documented exposure sites span one city in one county. Secondary exposure also occurred. A landmark Delaware Supreme Court case affirmed liability for a spouse's lung cancer from her husband's work at Haveg Industries.

Construction and maintenance workers repairing historic buildings like the F.W. Woolworth Building and Harlan and Hollingsworth Office Building were at risk in Wilmington and Millsboro. Roadside trash in Kent County added environmental exposure. The state recorded 164 deaths from 1999 to 2015 across New Castle, Sussex, and Kent counties.

Choosing a Delaware Mesothelioma Lawyer

Mesothelioma litigation is a focused practice area. Not every personal injury attorney has the exposure databases, product identification resources, or trial experience these cases require. Our guide to choosing a mesothelioma law firm covers this in detail.

A few things to look at when narrowing a shortlist. Attorneys who concentrate on mesothelioma and asbestos cases typically maintain databases of products, manufacturers, and job sites that most general personal injury firms don't have. A firm's past settlements and verdicts in asbestos cases say more about depth than general trial experience. Familiarity with Delaware procedures, judges, and filing requirements shortens the learning curve, especially in an expedited docket. And most mesothelioma attorneys work on contingency, so the family pays nothing unless compensation is recovered.

Learn more about mesothelioma lawyer costs and how contingency fees work.