Arkansas Asbestos & Mesothelioma Lawsuits: Deadlines, Claims, and Legal Options

From the paper mills of Pine Bluff that supplied America's newsprint to the lumber operations in Mountain Pine that helped build the nation's homes, Arkansas's workers have paid a devastating price for the Natural State's resource-based economy. Our comprehensive database documents 767 asbestos exposure sites across 174 Arkansas communities—from Little Rock's government buildings and industrial facilities to the massive Weyerhaeuser lumber operations that dominated the state's forestry industry.

Arkansas offers reasonable protections for mesothelioma families. The state follows a discovery rule for latent diseases, uses comparative fault principles that don't completely bar recovery for partial fault, and provides access to both state and federal courts. Arkansas courts have shown understanding of occupational health issues, particularly in industrial and manufacturing contexts.

Time is critical. Arkansas's three-year discovery rule gives families more time than many states, but the clock still begins when you learned your illness was caused by asbestos exposure. Don't let Arkansas's rural location or corporate defendants benefit from delay—your family deserves experienced advocates who understand both Arkansas's industrial history and its legal landscape.

This page is part of our broader mission. I started this firm after learning that the cancers that killed my father and grandparents were caused by asbestos—something we didn't realize until it was too late to hold anyone accountable. That experience is why we built this site: to make sure no other family misses their chance.

— Firm Founder, Justinian Lane

If you’re trying to make sense of complex legal and medical terms, our Asbestos Lexicon explains the terminology in plain English. For a deeper understanding of how mesothelioma lawsuits actually work—from proving liability to calculating damages—visit our Complete Guide to Mesothelioma Lawsuits.

Free Case Review | No Fees Unless We Win | Call 833-4-ASBESTOS

Arkansas Asbestos Law Summary

Arkansas Asbestos Law Details

Arkansas law governs asbestos-related injury claims through a combination of statutory deadlines, court-developed doctrines, and constitutional constraints on damages reform. While the state has adopted a modified comparative fault system and permits allocation of fault among multiple parties, it also preserves broad rights for asbestos plaintiffs—especially in cases involving latent disease discovery and product liability.

Statutes of Limitation and Repose

Arkansas applies a three-year statute of limitations to personal injury and wrongful death claims, including those arising from asbestos exposure (Ark. Code Ann. §§ 16-56-105; 16-62-102(c)). In personal injury cases, the discovery rule applies for product liability claims (Martin v. Arthur, 339 Ark. 149 (1999))—meaning the clock starts when the injury is, or should reasonably be, discovered. For wrongful death, however, the cause of action accrues at the time of death, not discovery.

There is no statute of repose for asbestos product liability claims in Arkansas. A 10-year repose statute previously codified at § 16-116-203 was held unconstitutional by the Arkansas Supreme Court in Lankford v. Sullivan, Long & Hagerty, 416 So. 2d 996 (1982). However, for construction-related claims against designers or contractors, an eight-year repose period applies under § 16-56-112.

The statute of limitations is tolled for minors until their 11th birthday or two years from the date of negligence, whichever is later, for medical malpractice actions (Ark. Code Ann. § 16-114-203(c)(1)). Equitable tolling is also available in limited cases, such as fraud or concealment.

Eligibility to Sue

Individuals diagnosed with mesothelioma, asbestosis, or other asbestos-related diseases may file suit. If the injured person has died, a wrongful death action may be brought by defined statutory beneficiaries (Ark. Code Ann. § 16-62-102), and a survival action may be brought by the estate under § 16-62-101.

Workers’ Compensation Limitations

Under the Arkansas Workers’ Compensation Act (Ark. Code Ann. § 11-9-105), workers generally cannot sue their employer for job-related asbestos exposure if they’ve received compensation benefits. However:

• Third-party lawsuits (e.g., against asbestos product manufacturers or property owners) are permitted (§ 11-9-410).

• Intentional torts by employers may allow a lawsuit—but only if there’s clear intent to injure, not just willful disregard (Hill v. Patterson, 313 Ark. 322 (1993)).

• Employers or insurers have a subrogation lien against any third-party recovery by the employee (§ 11-9-410(b)).

Damages and Caps

Arkansas has no caps on economic or noneconomic damages in personal injury or wrongful death cases. Although the 2003 Civil Justice Reform Act attempted to impose punitive damage caps, those were struck down by the Arkansas Supreme Court in Bayer CropScience v. Schafer, 2011 Ark. 518.

• Constitutional protection: Article 5, § 32 of the Arkansas Constitution prohibits statutory limits on damages for death or personal injury.

• Punitive damages remain uncapped but subject to heightened proof standards and due process review.

Comparative Fault and Joint Liability

Arkansas uses a modified comparative fault system (Ark. Code Ann. § 16-64-122):

• Plaintiffs who are 50% or more at fault cannot recover.

• If fault is 49% or less, the plaintiff’s recovery is reduced proportionally.

Arkansas has abolished traditional joint and several liability for incidents occurring after March 25, 2003 (Ark. Code Ann. § 16-55-201). Each defendant is only responsible for their percentage of fault, unless:

• They acted in concert with another tortfeasor (§ 16-55-205), or

• Another defendant cannot pay and they were more than 10% at fault (§ 16-55-203).

Collateral Source Rule

Arkansas follows the traditional collateral source rule, which prohibits defendants from reducing damages based on compensation the plaintiff received from insurance or other sources. An attempt to limit this rule through tort reform was ruled unconstitutional (Johnson v. Rockwell Automation, 2009 Ark. 241).

Standards of Proof and Causation

In asbestos litigation, Arkansas plaintiffs must prove both cause in fact and proximate cause—that the defendant’s conduct directly resulted in injury (Dodson v. Charter Behavioral Health Sys., 335 Ark. 96 (1998)). The injury must be proven as a reasonable probability, not just a possibility.

Arkansas courts generally require expert testimony in asbestos and medical-related cases unless the issue is within common knowledge. Courts apply the Daubert standard through Rule 702 of the Arkansas Rules of Evidence, ensuring expert opinions are based on reliable and relevant scientific principles.

To obtain punitive damages, plaintiffs must show clear and convincing evidence that the defendant acted maliciously or recklessly, or deliberately disregarded a known danger (Ark. Code Ann. § 16-55-206).

How Arkansas’s Laws Work in Practice

Meet Curtis, a 66-year-old retired paper mill worker from Pine Bluff. From the early 1980s through the late 1990s, he worked in a facility that routinely used asbestos-insulated pumps, valves, and steam lines. Curtis regularly handled gaskets and packing material, often without protective equipment. In May 2024, he was diagnosed with mesothelioma after developing chronic breathing problems.

Because Arkansas applies the discovery rule in product liability cases (Martin v. Arthur, 339 Ark. 149 (1999)), Curtis’s three-year statute of limitations began in May 2024, when he was formally diagnosed and linked the disease to asbestos exposure—not when he was exposed 30 years earlier. That means he has until May 2027 to file a personal injury lawsuit.

Arkansas follows a modified comparative fault system. If Curtis is found less than 50% at fault—for instance, if a jury believes he ignored safety warnings but was still primarily put at risk by the manufacturer—he can still recover compensation. But if he’s found 50% or more at fault, he may be barred from any recovery (Ark. Code Ann. § 16-64-122).

Curtis can seek full compensation for his economic losses and pain and suffering, since Arkansas places no caps on compensatory damages. His legal team may also pursue punitive damages if they can show clear and convincing evidence that the companies involved knew about the asbestos risks and acted with reckless disregard (Ark. Code Ann. § 16-55-206).

Importantly, Curtis's award cannot be reduced based on his receipt of Social Security, health insurance, or other outside benefits. Arkansas’s collateral source rule protects him from such reductions—even if the defendants try to raise the issue at trial.

Because Arkansas abolished joint and several liability, each defendant will only be responsible for their share of fault. If one company is bankrupt or missing from the case, Curtis won’t be able to recover that share from the others—highlighting the need to identify all viable defendants early on.

This is a hypothetical example based on real Arkansas laws. Every case is different. If you or a loved one has been diagnosed with mesothelioma, call 833-4-ASBESTOS to learn how Arkansas law may apply to your situation.

Why Choose Our Firm to Handle Your Family's Arkansas Mesothelioma Case?

Our proprietary database contains detailed records of 767 asbestos exposure sites across 174 Arkansas communities—from Little Rock's government and industrial facilities to the lumber and paper mill operations that dominated the state's economy. While other firms spend months investigating your exposure history, we often know within days which companies owe you compensation.

The Result? Faster trust claims, stronger lawsuits, and maximum recovery for your Arkansas family—because we've already done much of the detective work your case requires.

Learn more about our firm and our database

Arkansas Database Highlights:

If you or someone in your family has been diagnosed with mesothelioma or another asbestos-related disease, our firm can begin helping your family today. Here's how:

Asbestos Trust Claims

Hundreds of companies have set aside billions specifically for asbestos victims. These claims often resolve faster than lawsuits and don't require going to court. Our Arkansas database contains detailed records of which trust-affiliated companies supplied materials to sites across the state—from Little Rock's Arkansas Power & Light facilities to Pine Bluff's paper mill operations.

For example, if you worked at Weyerhauser in Pine Bluff, our database shows that you would have been exposed to asbestos products made by Narco. We can file your Narco Asbestos Trust claim immediately, potentially recovering $350,000 to $750,000 for mesothelioma cases.

Asbestos Lawsuits

You can hold companies accountable through Arkansas's court system. Our database strengthens your case with documented evidence and court precedents from Arkansas worksites. We don't just argue you were exposed—we can cite specific depositions and trial records that already established liability at facilities like Weyerhaeuser's lumber operations.

Our database contains detailed records from Arkansas's unique industrial development, including testimony about which defendants' products were used in lumber mills, paper plants, and power generation facilities throughout the state.

Asbestos Disability Claims

Both Social Security and VA benefits provide monthly income while you pursue other compensation options. These are benefits you've already earned, and our specialized military database is particularly powerful for veterans. Arkansas's military installations and defense-related manufacturing mean many residents have potential claims from military service or defense work.

Our military records help veterans who served at Arkansas's military installations or worked in the state's defense-related manufacturing, helping prove exposure that gets VA claims approved faster.

Learn more about the legal options available to your family

Ready to Pursue Your Arkansas Mesothelioma Case?

Whether you were exposed to asbestos at Arkansas's lumber and paper mills, Little Rock's government facilities, or any of Arkansas's documented exposure sites, our experienced mesothelioma team is ready to fight for your rights.

Why Time Matters in Arkansas:

• Three-year filing deadline from diagnosis under Arkansas's discovery rule (more generous than many states)

• Multiple trust claims may be available beyond your lawsuit

• Comparative fault rules allow recovery even if you're partially at fault

• Evidence preservation becomes more difficult as time passes

What We'll Do for Your Arkansas Family:

• Free case evaluation to determine all available compensation sources

• Immediate trust claim filings using our proprietary database of Arkansas exposure sites

• Aggressive lawsuit preparation against manufacturers and premises owners

• Strategic use of Arkansas's favorable discovery rule to maximize your filing window

Get started today. Our Arkansas mesothelioma team understands the unique challenges of proving exposure in the state's lumber, paper, and industrial sectors and is ready to put that expertise to work for your family.

Free Case Review | No Fees Unless We Win | Call 833-4-ASBESTOS