Seven Myths Hialeah Crash Victims Hear, and What Florida Law Actually Says

No, that four-year window closed on March 24, 2023. Under Florida Statute § 95.11, most Hialeah crash victims now have only two years from the date of the collision to file a personal injury lawsuit, and that is just one of several widely repeated myths that can quietly destroy a legitimate claim before it ever starts.

Is it true I still have four years to file my accident lawsuit in Hialeah?

No. For crashes that happened on or after March 24, 2023, Florida law gives you two years, not four, to file a negligence lawsuit. This change came through House Bill 837, which amended Florida Statute § 95.11. The old four-year rule was in place for decades, so advice based on it still circulates in Hialeah families, workplaces, and along Spanish-language ad corridors like Okeechobee Road and West 49th Street. But the new deadline is strict. If your crash was on or after March 24, 2023, and you wait past the two-year mark, your claim is generally barred, even if your injuries are severe or permanent. For crashes before that date, the four-year window may still apply, but only a lawyer can confirm which deadline controls based on your exact crash date.

The adjuster called me in Spanish, doesn’t that mean they’re on my side?

No. An insurance adjuster who speaks fluent Spanish is still working for the insurance company, not for you. Their job is to protect the insurer’s interests, even if their tone feels friendly. In Hialeah, where most residents speak Spanish at home, a bilingual adjuster can build trust quickly. But that trust can backfire. Adjusters may ask for recorded statements that can later be used to point out inconsistencies, offer fast lowball settlements before you understand your full injuries, downplay your pain, or argue you share fault. Do not give any recorded statement, not even to your own insurer, without first speaking to an attorney.

I signed something in English after the crash, did I just sign away my whole claim?

Not necessarily, but you should treat every document the insurance company sends with extreme caution. The effect of any signed form depends entirely on what it says and when you signed it. Some early documents look routine but carry real risk: a medical release might let the insurer dig into your entire health history to argue your injuries were pre-existing; a settlement release, once signed, usually ends your claim forever, even if your condition worsens later. However, not every form equals a full waiver. Because many Hialeah residents are more comfortable in Spanish, an English-only document might feel like just paperwork when it is actually legally binding. Before signing anything sent by an insurer after a crash, have a personal injury lawyer review it first. You can get this review during a free consultation.

Can I even file a claim if I don’t have immigration papers?

Your immigration status does not automatically block a personal injury claim in Florida. Civil courts focus on whether someone else’s negligence caused your injuries, not on your citizenship or documentation. This principle holds across the U.S., including in Hispanic communities like Hialeah’s, where fear has kept many valid claimants from pursuing compensation. That fear is understandable, but walking away means the at-fault driver (or their insurer) pays nothing. If you are unsure how your situation might affect a case, speak confidentially with a personal injury attorney. Initial consultations are typically free, and what you say is protected by attorney-client privilege from that first call. No specific outcome can be promised, but your right to seek accountability for harm done to you does not vanish because of your status.

Won’t a Spanish-speaking lawyer charge me more than an English-only one?

No. Personal injury lawyers in Florida almost always work on a contingency-fee basis, meaning you pay nothing upfront and owe no fee unless money is recovered. The attorney gets paid a percentage of the settlement or verdict, and Florida Bar rules cap that percentage the same way whether the lawyer speaks English, Spanish, or both. Bilingual service is not an add-on cost. Many Hialeah residents see Spanish-language ads along Okeechobee Road or W 49th Street and assume specialized help costs extra. It does not. And initial consultations are free. This structure exists so working families, whether they’re injured on the Palmetto Expressway or walking near Hialeah Hospital, can access legal help without risking their savings on hourly bills.

What if I was partly at fault, and can my cousin interpret at the deposition?

Being partly at fault does not kill your claim under current Florida law. Florida uses modified comparative negligence (Fla. Stat. § 768.81). If you are found 50 percent or less at fault, you can still recover damages, just reduced by your share. So if you’re 30 percent responsible, you get 70 percent of your losses. Only if you’re found more than 50 percent at fault do you lose everything. Because crossing that 50 percent line means no recovery, fault is often heavily disputed.

As for using your cousin as an interpreter at a deposition: do not do it. A deposition is a sworn proceeding. Your answers become part of the official court record. A family member, no matter how fluent, lacks training in legal and medical terminology. They might mistranslate key details, skip phrases, or guess at meanings, errors the defense can use against you later. Florida rules call for attorneys to use certified or otherwise qualified interpreters for depositions whenever possible. A professional interpreter is basic protection.

Frequently asked questions

What happens to my PIP benefits if I wait more than two weeks to see a doctor after a Hialeah crash?
You lose all PIP coverage. Florida law requires you to receive medical treatment within 14 days of the crash. If you miss that window, your own insurance can deny the PIP benefits you already paid for, even if your injuries are serious.

The other driver’s adjuster said I was 40 percent at fault, does that mean I get nothing?
No. Under Florida’s modified comparative negligence rule, you can still recover 60 percent of your damages if you’re 40 percent at fault. You only lose your right to compensation if you’re found more than 50 percent responsible.

My own PIP only covers $10,000 but my medical bills are already higher, what else can I claim?
If the other driver caused the crash, you can pursue additional compensation from their bodily injury liability coverage for the rest of your medical bills and lost wages, and for pain and suffering if your injuries meet Florida’s threshold for permanent injury, significant scarring or disfigurement, or significant and permanent loss of an important bodily function.

Can I get a copy of my crash report right away to show my lawyer?
Yes, as a party to the crash. Crash reports are confidential for 60 days under Florida law except to the parties involved, their insurers, and their attorneys. Once you hire a lawyer, they can also obtain it on your behalf.

I saw injury lawyer ads in Spanish on Okeechobee Road, how do I know which firm is actually right for me?
Look beyond the language. Ask whether the firm handles cases like yours regularly, whether they go to trial when needed, and whether they offer a free consultation to review your case specifics. Meet the actual attorney, not just a salesperson. Read client reviews, but remember every case turns on its own facts.

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.