Cases involving discovery of harm have their own unique challenges, including:
Length of time between event and injury.
The longer the time between the onset of injury and the lawsuit, the more likely evidence will be lost or no longer reliable.
Evidence of knowledge.
The discovery rule allows that a victim can bring a delayed lawsuit if he or she knew or “should have known” about the injury. The “should have” language is important, since any evidence that points toward a victim’s knowledge—such as a recorded statement after an injury—can be used against the victim.
Reasons for delay.
Even if a delay in discovery occurs, the reason for the delay must be understandable under the circumstances. If a person suffers back problems for years after a slip and fall accident but refuses to go to the doctor, the person will likely not be justified in bringing a case against the property owner after the back injury is finally diagnosed.
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