Defenses and Affirmative Defenses
Procedural Defenses
Under the discovery rule the limitations period begins when the plaintiff discovers or reasonably should discover the injury and its causal connection to the defendant's conduct, rather than when the injury occurred.
Application varies by claim type.
Alternative Names:
Discovery Rule (Limitations), Delayed Accrual Rule
Why it Matters?
The should have known component is the defense focus, since constructive knowledge starts the clock even where the plaintiff did not subjectively connect the injury to a cause. Medical records referencing a possible cause, advice from a provider, and prior related claims all establish that date. The rule also does not apply uniformly, with some jurisdictions limiting it to specific claim types such as latent disease and professional malpractice.
Frequently Confused with
Frequently asked questions
What establishes constructive knowledge?
Does the rule apply to all claims?
