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Simple English definitions for legal terms
discovery rule
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A quick definition of discovery rule:
The discovery rule is a legal principle that says the time limit for filing a lawsuit does not start until the plaintiff becomes aware of the injury that caused the claim. This rule is usually applied to cases where the injury is hard to detect, such as medical malpractice. It is different from the occurrence rule, which starts the time limit from the time the injury occurred, regardless of when it was discovered.
A more thorough explanation:
The discovery rule is a legal principle that states that the time limit for filing a lawsuit does not begin until the plaintiff discovers or should have discovered the injury that led to the claim. This rule is usually applied to injuries that are difficult to detect, such as those resulting from medical malpractice.
For example, if a patient undergoes surgery and experiences complications that are not immediately apparent, the discovery rule would allow them to file a lawsuit within a reasonable time after discovering the injury. Without the discovery rule, the patient may have missed the deadline for filing a lawsuit and been unable to seek compensation for their injuries.
Another example of the discovery rule in action is in cases of environmental pollution. If a company has been polluting a community's water supply for years, but the effects of the pollution are not immediately apparent, the discovery rule would allow the affected individuals to file a lawsuit within a reasonable time after discovering the harm caused by the pollution.