Procedural

What is Discovery Rule?

A rule that postpones the start of the SOL clock until the plaintiff discovers (or reasonably should have discovered) the injury.

Definition

Without the discovery rule, the SOL clock starts on the date of injury — a problem when injuries (like cancer caused by malpractice) aren't apparent until later. The discovery rule starts the clock when the plaintiff knows or reasonably should know of (1) the injury and (2) its potential cause.

How it applies in personal injury cases

Heavily used in medical malpractice, toxic tort, and asbestos cases. The plaintiff still has to act diligently — once they know enough to investigate, the clock typically starts. Statutes of repose still cap the outer limit even when discovery rule applies.

Related terms

Statute of Limitations

The legally enforceable deadline by which a plaintiff must file a lawsuit, after which the claim is time-barred.

Statute of Repose

An absolute outer time limit for bringing a lawsuit, regardless of when the injury was discovered.

Tolling

Pausing or extending the statute of limitations under certain circumstances.

This entry is a plain-English reference for personal injury practice. It is not legal advice — consult a licensed attorney in your jurisdiction for the law applicable to your case.

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