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Discovery Rule

The discovery rule is a legal doctrine that can delay the start of a limitations period until the injured person knew, or reasonably should have known, of their injury and its likely cause — applied in Texas narrowly, to injuries that are “inherently undiscoverable” and objectively verifiable.

Deadlines

What “Discovery Rule” Means

The discovery rule is a legal doctrine that can delay the start of a limitations period until the injured person knew, or reasonably should have known, of their injury and its likely cause — applied in Texas narrowly, to injuries that are “inherently undiscoverable” and objectively verifiable.

Why It Matters in Your Texas Case

The rule matters in cases like toxic exposures, surgical objects left behind, or latent conditions that surface years later — but it is a narrow exception, not a safety net, and courts apply it stingily. McKay Law’s counsel is uniform: never plan around the discovery rule. Treat Texas’s two-year statute as the outer wall, and call the moment injury is suspected, because evidence has its own expiration dates that no doctrine extends.

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