The discovery rule is a legal principle that modifies the usual way a statute of limitations runs. Typically, a statute of limitations begins to run at the time an injury occurs or a contract is breached. However, in some cases, the harm or the breach might not be immediately apparent to the injured party. The discovery rule addresses this by stating that the statute of limitations period does not start until the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury or harm.

This rule is particularly relevant in cases where the damage is hidden or inherently undiscoverable at the time it occurs. Common examples include medical malpractice (where a surgical instrument left inside a patient may not be discovered until much later), hidden defects in products or property, and cases of latent injuries from exposure to harmful substances.

The rationale behind the discovery rule is fairness and justice: it would be inequitable to penalize plaintiffs by barring their claims for failing to file within the statutory period when they had no knowledge of the harm and no reasonable means of discovering it. By allowing the statute of limitations to start at the time of discovery rather than the time of the event that caused the injury, the legal system acknowledges that victims should have a reasonable opportunity to seek redress once the injury is or should have been discovered.

However, the application of the discovery rule can vary significantly between types of claims. Furthermore, even when the discovery rule applies, there may still be an absolute limit (a statute of repose) beyond which a claim cannot be filed, regardless of when the harm was discovered.

There is no way to know if the discovery rule would apply to your situation based on the facts provided. I would urge you to speak to an attorney as soon as possible to discuss your unique circumstances.

To see if we can help please call us at (303) 688-0944.