What is the “Discovery Rule” in a sports injury case?

The “Discovery Rule” is a legal principle that applies in sports injury cases in California. It allows for parties to make a claim for damages even if the injury happened some time ago. Under the Discovery Rule, an injured party has a certain amount of time to file a lawsuit from the date of the injury - generally two years - or from when they became aware of the injury - known as the “date of knowledge”. For example, if a high school basketball player suffered a severe ankle sprain in a game two years ago, the Discovery Rule would still allow them to make a claim for damages as long as they discovered the injury, or became aware of its severity, within two years of the injury. However, if they failed to discover the injury until three years after the fact, their claim would become invalid, as the two year cut-off period had passed. In general, it is important to keep in mind that the Discovery Rule in a sports injury case is one of the most important legal principles to understand. It affects the time period in which legal action can be taken, and if it is not done within the allowed time frame, the injured party may no longer be able to pursue a legal remedy. Therefore, it is essential that an injured athlete contact a lawyer as soon as possible to ensure that their rights are preserved under the Discovery Rule.

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What is the “Discovery Rule” in a sports injury case?

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