New England Patriots Quarterback Tom Brady was in a car accident this morning in Boston, and while he walked away without a scratch (okay, maybe a scratch or two), one passenger in the other vehicle had to be pulled out of the wreckage by the jaws of life.
That person is seriously injured. (TMZ has video if you're interested.)
Apparently, the crash between Tom Brady's Audi and a passenger van occurred between 6 and 7 o'clock this morning, at an intersection of Boston's Commonwealth and Gloucester with a working traffic light. News media reports are that the minivan ran a red light, and that Tom Brady, Quarterback, was going thru on a green.
What Happens Now?
First things first, injuries must be a priority -- and all three of the people involved in this crash must be given medical attention. Tom Brady will in all likelihood play football this weekend.
However, with the man who left the scene unconscious, medical treatment may take months -- assuming that the van's passenger survives, there may be a year or more of surgeries, therapy, treatment, and the like.
Additionally, there will be lifestyle concerns: bills will still need to be paid, jobs will have to be done. All these will be the focus of the injury victim and his/her loved ones. Nevertheless, as unfair as it might be, there will be a clock ticking on the injury victim's legal rights. And that clock won't tick for very long before rights can be lost.
It May Seem Unfeeling, But the Law Starts a Time-Ticker at the Moment the Accident Occurs
As callous as it may seem, the accident must be dealt with under the law. Insurance claims must be filed, and there are time limits under the contracts (because insurance policies are just business contracts) which will apply.
In Florida, as well as Massachusetts, a law suit cannot be filed after a certain amount of time has passed. The Florida Legislature, as well as every other state in the country, has passed a series of laws that establish an absolute deadline, or limitation, on when you can file a lawsuit in civil court for damages and personal injury.
Florida Has a Four Year Statute of Limitation for Most Personal Injury Cases
In Florida, a personal injury lawsuit has to be on file, down at the courthouse, within 4 years from the date that the injury occurred -- or the date when the injury reasonably should have been discovered (this covers hidden injuries, like sponges left in the body during surgery.) There is also a 12 year statute of repose in Florida - an absolute deadline on filing personal injury claims.
Florida Has a Two Year Statute of Limitation for Wrongful Death Claims
When an injury victim unfortunately dies from the injuries sustained due to the bad acts of another, Florida law provides that a lawsuit can be filed by the surviving loved ones of the injury victim. This lawsuit, a wrongful death action, must be filed within 2 years from the date of the victim's death.
For futher details, please review the full text of the Florida statutes of limitations pertaining to personal injury actions and wrongful death lawsuits at the Florida Senate Website.
By on September 9, 2010 12:43 PM
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