Personal Injury Terminology: Discovery Rule

Last updated 5 months ago

In a personal injury lawsuit, the statute of limitations limits the length of time in which legal action can begin. In most cases, this is two years in Illinois. However, in certain cases, the statute of limitations may be extended under the discovery rule.

The discovery rule states that the statute of limitations begins when an injury is discovered or should have been discovered. In a medical malpractice lawsuit, this rule is especially relevant. It may take years for a plaintiff to experience ramifications of the medical malpractice, and the statute of limitations for his lawsuit will not begin until the mistake is discovered.

Even with the discovery rule reasonably extending the statute of limitations, it is vital to pursue legal action regarding a personal injury as soon as possible. To discuss filing a lawsuit with a personal injury attorney, dial (312) 983-6193 to reach Malman Law.


The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

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