Chipping Away at Asbestos Victims’ Rights: An Overview of New Anti-Plaintiff Bills

In 2025, several states took action to limit the rights of asbestos victims. Newly enacted and proposed laws aim to tip the scales in favor of companies in mesothelioma lawsuits.

Critics of these laws say strong consumer and employee protections are essential to ensure companies pay those they have harmed. Legislation limiting things like payouts and filing time frames would favor companies over their victims. Keep reading to learn what these new laws could mean for you.

Arkansas: Limiting Recovery for Past Medical Care

In February 2025, the governor of Arkansas signed House Bill 1204 into law. The law addresses the amount of money a company’s insurance is obligated to pay victims. For mesothelioma patients, it decreases the potential payout they can receive from lawsuits in Arkansas.

Previously, insurance companies were on the hook for whatever a jury decided was the correct amount of compensation for past medical treatments or services. Juries based their decisions on the market price of medical costs. This was the rule, even though patients may pay discounted prices because of their own insurance policies or other third-party payments. Now, insurance companies are only on the hook for the discounted price.

Back in 1998, the Arkansas Supreme Court said the benefit of the discount should go to a victim, not a company. The court cited a situation where a patient ends up not paying any of their medical costs. If a jury saw evidence of this, they could conclude a company doesn’t owe the victim any money for medical expenses they caused a patient to incur.

In 2024, the governor of Louisiana vetoed a similar bill. He noted that in states that have passed similar laws, insurance rates actually increased. This means insurance companies were not using the extra money to lower premiums. He also said, “Someone who injured you should not benefit from your health insurance or any other insurance for which you paid.”

Georgia: Limiting Recovery for Medical Care & Non-Economic Damages

In April 2025, the governor of Georgia signed Senate Bill 68 into law. In one part, the law deals with the same discounts as the Arkansas law. But instead of mandating that the benefit of the discount goes to the company, it allows jurors to decide if it goes to the company or the victim. This still leaves the possibility that a company may be found to owe nothing, or almost nothing, to a person they harmed.

The law also limits a victim’s ability to ask for a specific amount of money for their emotional and psychological pain. In a 2017 study, Washington University found that the inability to argue a specific value resulted in a victim receiving hundreds of thousands of dollars less compensation, on average.

Missouri: Reducing Time for Injured People to File Lawsuits

In February 2025, the Missouri House of Representatives passed House Bill 68. The bill seeks to reduce the statute of limitations for personal injury cases. A lawsuit filed by a mesothelioma patient is an example of a personal injury case. Statutes of limitations set time limits for patients to file lawsuits after their diagnosis.

If signed into law, the bill would give asbestos victims 2 years (instead of 5) to file personal injury lawsuits.

The next step is for the bill to pass in the Missouri Senate. As of September 2025, the Senate is still considering the bill.

Are Any States Taking New Action to Hold Companies Accountable?

In 2025, some state legislatures took action to protect the rights of asbestos victims. These included:

• Illinois: In August, Illinois signed Senate Bill 328 into law. The new law expands the ability of Illinois courts to handle asbestos cases. It creates a broader range of asbestos victims who can file in the state.
• Montana: The Montana Senate rejected 3 bills seemingly designed to shield BNSF Railway from lawsuits. BNSF hauled asbestos-contaminated minerals as part of one of the worst environmental disasters in U.S. history. One sponsor of these bills is a partner at a law firm that has represented the company.

Mesothelioma lawsuits are complicated. They often involve several companies and exposure locations. An experienced asbestos attorney can consider all options for filing. For example, you may have several states to choose from when it comes to filing the lawsuit. Lawyers at dedicated mesothelioma law firms have years of experience building successful cases for their clients. They can ensure you know which filing options offer you the best chance.