Delaware Mesothelioma Attorneys and Asbestos Cancer Resources (DE)
Delaware (DE) Asbestos Information:
Delaware not only has oldest court system in the U.S., it is also among the most corporate-business friendly.
Few regulations control the actions of Delaware corporations, because of this many corporations that are actually headquartered elsewhere are incorporated in Delaware.
Despite this, a “flood of asbestos lawsuits” was filed in Delaware starting in 2005. Interestingly, 80% of the plaintiffs were from out of state, as were the firms representing them.
If Delaware law favors corporations over people so greatly, why would a plaintiff’s lawyers want the case heard in a Delaware court?
One of the answers is that, despite the state’s business-friendly reputation, Delaware allows joint and several liability – something that is not available in all states, yet is very helpful when an asbestos plaintiff brings action against multiple defendants, as is usually the case
There are also no limits on punitive damages in Delaware. Furthermore, federal law proposed at the time asbestos litigation started to increase in Delaware would have prohibited any defendant sued in his/her/its home state from removing the case to federal court – even a big corporation. Better yet for asbestos plaintiffs is the fact that Delaware Attorney General Beau Biden (son of Senator Joe Biden) is a former plaintiff’s mesothelioma lawyer.
It is one reason Delaware is becoming a “judicial hellhole” for corporations who are guilty of asbestos poisoning.
As the state with the oldest court system in the U.S., it should come as no surprise that Delaware has an extensive body of law, contained in 101 chapters.
Unlike many states, in which asbestos issues are usually covered under health, labor and occupational safety and/or environmental laws, the Delaware Code has an entire chapter dealing specifically with asbestos issues.
If you are interested in filing a Delaware mesothelioma lawsuit you should know that Delaware, like most other states, has a statute of limitations for personal injury claims. Determining when to start the measuring of that time also varies from state to state so you may be best served by contacting a mesothelioma lawyer as soon as possible after a diagnosis is made. Wrongful death cases may also have a statute of limitations and the same or different rules for determining when to begin measuring. Whether or not your action is limited by statute, you may still be eligible to present claims to bankruptcy trusts that have billions of dollars for victims of asbestos.
Contact an asbestos attorney in Delaware to see if you are eligible for mesothelioma compensation.