Were you exposed to asbestos and are now dealing with the fallout? Asbestos exposure can affect you and your entire family, but when do you have to file your claim by? Filing deadlines, called statutes of limitations, impose a hard deadline by which you have to file your claim in court. If you file late, you could lose out on the opportunity for significant compensation related to your asbestos-related injuries. You also have to keep up to date on any changes coming in 2026 and how it could affect your rights.
At Edward O. Moody, P.A., our Arkansas asbestos exposure attorneys are here to help. We track legislative changes that could impact your rights to compensation. Schedule a meeting to learn what monetary damages you may be owed, and what you can do about it.
Current Statute of Limitations in Arkansas
- Personal Injury Claims: If you have suffered from asbestos-related injuries or diseases, you have three years from the date of diagnosis to file your lawsuit. There may be exceptions that lengthen or shorten this time period, however.
- Wrongful Death Claims: If a person passes away from asbestos-related illness, the family will have three years to file their wrongful death claim.
- Discovery Rule: Most asbestos cases are not discovered immediately from when you are exposed. This means that years or even decades can pass by before you know about the impact of it. Arkansas uses the “discovery rule” for these cases. The three year statute of limitations begins to run when the illness was diagnosed.
What Changes in 2026 for Arkansas Asbestos Claims
Arkansas legislators passed reforms in 2025 that continue to affect asbestos survivors. House Bill 1204 impact the amount of money the insurance company is required to pay victims. This can decrease the potential payout asbestos and mesothelioma victims can win in their lawsuit.
In all other respects, nothing is changing for Arkansas asbestos claims. However, trends in other states could impact Arkansas in the future. These trends in other states include:
- Shortened statute of limitations periods
- Stricter documentation requirements to prove asbestos exposure
- Limits on successive claims
- Procedural streamlining by courts to move cases faster
What Doesn’t Change for Arkansas Asbestos Claims
Most things are staying the same in Arkansas, including:
- Right to Compensation: Victims like you still have the right to pursue monetary damages. If you have mesothelioma or asbestosis, or even lung cancer, you could be owed significant compensation for what you have been through.
- Discovery Rule Protection: The discovery rule continues to protect you. The time begins when you were diagnosed with the asbestos-related illness, not when you were exposed. Remember this, but promptly contact an attorney to avoid other issues related with delayed claims.
- Access to Trust Funds: You could still have the ability to file claims against bankruptcy trusts. These are designed to ensure money is available for victims even if businesses go bankrupt.
- Wrongful Death Claims: Wrongful death claim rules and statute of limitations continue unchanged.
What Happens If I Miss the Statute of Limitations Deadline?
If you don’t file your claim by the legal time limit, you could face:
- Loss of Legal Rights: Courts have to dismiss late claims. This can happen even if you should be owed compensation, had you filed in time.
- Reduced Compensation: Any delay could reduce the amount of evidence you have to prove your claim. This could mean less compensation overall.
- Family Hardship: If family members don’t file in time, they could lose access to compensation from a wrongful death lawsuit.
Best Practices for Arkansas Families
- Act Quickly After Diagnosis: Don’t wait—consult an attorney immediately.
- Gather Medical Records: Keep any records that link your asbestos exposure to your illness.
- Identify Where You Were Exposed: Think about all the places you could have been exposed to asbestos. This is often where you worked, products you bought, or other environments you were in.
- Work With Experienced Counsel: Work with an attorney who knows how to handle asbestos claims.
Speak with an Asbestos Litigation Attorney in Arkansas
Asbestos injuries can be extremely difficult to deal with. They lead to high medical costs and could even rob you of someone you love. You have the right to seek compensation if you file in time. Never delay, and instead, speak to an asbestos attorney right away when you get a diagnosis.
Let the dedicated asbestos litigation attorneys at Edward O. Moody, P.A. review your case. Contact us today for a consultation.