Effective April 22, 2024, we are relocating our Wilmington, Delaware office to the following New Castle location:

10 Corporate Circle, Suite 301
New Castle, DE 19720

logo
MENU

Understanding Environmental Toxic Tort Claims in Delaware

Speak With the Wilmington Environmental Toxic Tort Lawyers at Jacobs & Crumplar, P.A.

Environmental toxic tort claims are legal actions taken by individuals or groups exposed to dangerous chemicals or substances that cause serious health problems. These cases are significant in Delaware as industrial, agricultural, and commercial activities sometimes lead to toxic exposure, affecting residents, workers, and local communities. Firms like Jacobs & Crumplar, P.A. help Delawareans who have suffered due to environmental toxins seek justice and hold responsible parties accountable. Here, we’ll explore the basics of toxic torts, common types of toxic exposures in Delaware, and how these cases are handled under Delaware law.

What Are Environmental Toxic Torts?

A toxic tort occurs when someone is harmed due to exposure to toxic chemicals or hazardous materials, often due to negligence. These cases can involve a wide range of toxic agents, including pesticides, industrial solvents, and asbestos. Toxic tort claims generally fall under personal injury law, with plaintiffs needing to prove that their exposure led directly to their illness or injury. Delaware has a unique landscape for environmental toxic tort cases because of its dense industrial presence and historic reliance on manufacturing and chemical companies.

Common Types of Toxic Exposure in Delaware

Delaware’s industrial history and commercial landscape expose residents to specific toxic substances. The most common sources of exposure in the state include:

  • Industrial Chemicals: Delaware’s manufacturing sector, especially in Wilmington, has exposed workers and nearby residents to industrial solvents, heavy metals, and other hazardous materials that may cause cancer, respiratory conditions, and neurological damage.
  • Groundwater Contamination: Delaware’s groundwater sources have faced contamination risks from chemicals, such as PFAS (per- and polyfluoroalkyl substances), often called “forever chemicals.” These chemicals have been linked to a range of health issues, including thyroid disease, liver damage, and certain cancers.
  • Pesticides: Pesticides and herbicides can lead to environmental exposure in Delaware’s agricultural areas. Residents in rural communities may experience an increased risk of exposure to toxic chemicals used to protect crops, which can also harm human health, especially in children and vulnerable populations.
  • Asbestos: Although Delaware follows strict asbestos abatement procedures, many older buildings still contain asbestos materials, putting workers and residents at risk. Prolonged exposure to asbestos fibers can lead to mesothelioma, a rare and often deadly cancer.

Delaware Laws and Regulations on Environmental Toxins

Delaware enforces regulations designed to protect public health and the environment from toxic exposure. Key laws include the Delaware Hazardous Substance Cleanup Act (HSCA) and adherence to federal Environmental Protection Agency (EPA) standards. Under HSCA, entities responsible for environmental contamination must perform cleanups and mitigate damage, but lawsuits are still necessary when harm to individuals has occurred.

In toxic tort cases, plaintiffs must prove the following elements to succeed in their claim:

  • Exposure: They were exposed to the toxic substance.
  • Injury: They sustained a specific injury or illness.
  • Causation: There’s a direct link between the exposure and the injury.

The plaintiff has the burden of proof, so it is critical to have an attorney experienced in Delaware’s environmental and toxic tort laws to build a strong case.

Filing a Toxic Tort Claim in Delaware

To pursue a toxic tort claim, a victim must act within Delaware’s statute of limitations, which generally allows two years from the date of discovering the injury. Toxic exposure can take years to manifest symptoms, so it’s essential for claimants to seek legal advice as soon as they suspect their illness may be linked to environmental toxins.

Delaware courts also require claimants to present reliable scientific evidence to establish a connection between the exposure and the injury. Expert witnesses, such as environmental scientists or toxicologists, play a crucial role in proving these cases. A skilled toxic tort attorney will coordinate with such experts to support the claim and advocate for the affected person’s right to compensation.

Speak With the Wilmington Environmental Toxic Tort Lawyers at Jacobs & Crumplar, P.A.

If you or a loved one has been affected by toxic exposure, you don’t have to navigate this challenging situation alone. Contact the Wilmington environmental toxic tort lawyers at Jacobs & Crumplar, P.A. today for a free consultation. Located in New Castle and Millsboro, Delaware, we serve clients in New Castle County, Kent County, and Sussex County. Call 302-656-5445 or contact us online.