Family Member Hit by Car on La 49 in Hialeah: What to Do Today

Your first move is finding which hospital took your family member and getting there. People hurt on W 49th Street in Hialeah may be taken to nearby hospitals such as Palmetto General Hospital on W 68th Street or Hialeah Hospital on E 25th Street. Once you know they are being treated, protect their legal rights by getting the police case number, staying off the phone with the driver’s insurance company, and calling a lawyer who can meet you at the hospital or home in Spanish before you sign or say anything.

Which hospital did they take my family member to, and how do I find out fast?

If your family member was hit on La 49, they may have been taken to a nearby emergency room such as Palmetto General Hospital at 2001 W 68th Street or Hialeah Hospital at 651 E 25th Street. In cases of life-threatening injury, paramedics may transport directly to a trauma center such as Ryder Trauma Center at Jackson Memorial Hospital in Miami. Your family member likely had no say in where the ambulance went. Call the police or fire rescue agency that responded to confirm which unit responded and where they transported the patient. Do this right away, do not wait for someone to call you.

What is the police report and why does my family need the case number today?

The Hialeah Police Department crash report contains the officer’s observations, witness statements, a diagram of the scene, weather and road conditions, and any citations issued. Insurance companies use this report as their starting point for deciding fault. Under Florida law, the report is confidential for 60 days after the crash, but the injured person, their insurer, and their attorney can get it during that window. To access it now, you need the case number. Get it from the responding officer at the scene or by calling 911 dispatch if no one gave it to you. With the number, your attorney can request the full report from the Hialeah Police Department.

Can our own family’s insurance help pay, even though we didn’t cause the crash?

Yes. Florida requires every auto policy to include Personal Injury Protection (PIP), which pays medical bills and lost wages regardless of who caused the crash. PIP pays 80 percent of reasonable medical expenses and 60 percent of lost income, up to $10,000 if a doctor finds an emergency medical condition, otherwise up to $2,500. But the injured person must see a doctor within 14 days of the crash, miss that deadline, and PIP pays nothing. PIP comes first from the injured person’s own auto policy, then from a household relative’s policy if they don’t have one, and only then from the striking driver’s policy for a Florida-resident pedestrian. If the at-fault driver had no insurance or only minimal coverage, your family’s own uninsured/underinsured motorist (UM) coverage can cover costs beyond PIP. UM is often already on your policy unless you signed a written rejection.

Should I talk to the other driver’s insurance company when they call?

No. The adjuster works for the at-fault driver’s insurance company, not for your family. Their job is to limit what the company pays. Anything you say can and will be used against you, including old injuries, how your family member “feels,” or casual comments about fault. Insurers may point to prior back or neck problems to reduce or deny a claim. You must report the crash to your own insurer, but stick to basic facts: date, location, and that an injury occurred. Do not give a recorded statement, sign a release, or accept any settlement offer until you speak with a lawyer. The adjuster who calls to “help” does not represent your interests.

What if the person who was hit is a child, does that change who files the claim?

A child cannot file or settle a personal injury claim in Florida. A parent or legal guardian must act on their behalf. If the settlement exceeds a threshold set by Florida law, a judge must approve it to ensure it is fair. Florida law pauses the two-year statute of limitations for injuries on or after March 24, 2023 for a minor only in limited situations (Fla. Stat. § 95.051), so do not assume the clock is on hold. But waiting risks losing critical evidence, witness memories fade, traffic camera footage gets erased, and vehicles get repaired or sold. Early legal help protects the claim even if filing is delayed.

What if my family member did not survive, who can bring a claim and for what?

If your family member died from the crash, a wrongful death claim must be brought by the personal representative of the estate, the person named in the will or appointed by the court, for the benefit of the survivors and the estate. Survivors who may recover include the spouse, children (even adult children in some cases), parents, and blood relatives or adoptive siblings who depended on the deceased for support or services. Recoverable damages can include funeral and final medical expenses, lost financial support, and loss of companionship and guidance. This claim must be filed within two years of the date of death. PIP and UM benefits may also still be available through the deceased’s own policies.

Can a lawyer really come to the hospital or our home, and will they speak Spanish?

Yes. Wolfson & Leon has an office on W 49th Street, the same street where this crash happened, and will meet your family at the hospital, your home, or another location in Hialeah, in Spanish, at no charge for the consultation. Many families worry that hiring a lawyer means more bills on top of everything else. It does not. All personal injury cases are handled on a contingency fee basis, you pay nothing upfront, and nothing at all unless the firm recovers compensation for you. This is especially important when the other driver’s insurer may already be building its file.

Frequently asked questions

The crash just happened, do I really need to get my family member to a doctor within 14 days?
Yes. Florida law requires initial medical treatment within 14 days of the crash to qualify for any PIP benefits. Without it, your own insurance will not pay even the first dollar of medical bills, even if the other driver was clearly at fault.

The driver who hit my family member had no insurance, does that mean there is no money available?
Not necessarily. If your household has auto insurance with uninsured motorist (UM) coverage, which is included unless it was rejected in writing, that coverage can pay for injuries beyond what PIP covers. UM is often the only source of compensation in hit-and-run or uninsured-driver crashes.

The insurance adjuster for the other driver already called and wants a recorded statement, should I give one?
Do not give a recorded statement without a lawyer. The adjuster works to reduce or deny your claim. Even truthful answers can be twisted. You are not required to speak to the at-fault driver’s insurer at all.

How long do we have before we lose the right to file a lawsuit?
For injuries occurring on or after March 24, 2023, you have two years from the crash date to file a lawsuit. Missing that deadline almost certainly ends any chance of compensation. Wrongful death claims generally also have a two-year deadline, counted from the date of death.

We are not sure we can afford a lawyer, how does the fee work for a case like this?
Personal injury lawyers in Florida work on contingency. You pay no hourly fees, no upfront costs, and nothing at all unless there is a recovery. The fee comes as a percentage of the settlement or verdict, within limits set by Florida Bar rules.

Related reading: A car hit me while I was walking or biking in Hialeah. What are my rights? · The 14-day PIP rule in Florida: what happens if you wait to see a doctor after a Hialeah car accident · How long do I have to file an injury lawsuit in Florida? The two-year rule after HB 837 · The driver who hit me in Hialeah has no insurance. What now?

Hurt in an accident in Hialeah? Call Wolfson & Leon at 305-965-3766 for a free consultation. We speak Spanish, and there is no fee unless we win.