Discovery Rule

Term: Discovery RuleDefinition: The discovery rule is a legal principle that delays the start of the statute of limitations for filing a lawsuit until the injured party knew or should have reasonably known of the injury and its cause.Phonetic Pronunciation: (dih-SKUV-uh-ree ROOL)Origin: The term "discovery" originates from the Latin word "discooperire," meaning "to uncover" or "to reveal." The discovery rule as a legal concept developed to address the fairness of statutes of limitations, particularly in cases where the injury was not immediately apparent to the victim.Significance in Asbestos Context: In asbestos litigation, the discovery rule is crucial because the latency period between asbestos exposure and the manifestation of diseases like mesothelioma can be decades. This rule allows victims more time to file lawsuits, as they may not be aware of their asbestos-related illness until long after exposure.Example Sentence: The plaintiff's attorney argued that the discovery rule should apply, as the client did not discover his asbestos-related lung disease until 2015, despite exposure occurring in the 1970s.Related Terms: Statute of Limitations, Latency Period, Asbestos Litigation, Mesothelioma, Tort LawNotes: - The application of the discovery rule can vary by jurisdiction. - It is often contested in court, with defendants arguing that the plaintiff should have known of their injury earlier. - The rule aims to balance the rights of the injured party with the need for timely legal action.