My Parent Only Speaks Spanish and Was Hurt in Hialeah: What Do We Do?
Find a personal injury attorney who speaks Spanish directly with your parent, not through you as an interpreter, so nothing is lost in translation when it matters most. At Wolfson & Leon, partner Alfonso 'Alfie' Leon works with Hialeah clients in Spanish, and most attorneys and staff at the firm speak Spanish as well. Your parent has rights that should be explained and exercised in the language they understand best, including the right to have an attorney come to their home or hospital room before anyone signs anything.
Your parent needs a personal injury attorney who speaks Spanish directly with them, not through you, so their words, pain, and instructions are heard exactly as they mean them. At Wolfson & Leon, partner Alfonso “Alfie” Leon works with Hialeah clients in Spanish, and most attorneys and staff at the firm are bilingual. Your parent has the right to understand every document, decision, and deadline in the language they know best, and an attorney should meet them at home or in the hospital before anyone signs anything.
Why does my parent need to speak to the attorney directly, not through me?
When you interpret for your parent during legal conversations, important details can get lost, softened, or misunderstood. The attorney-client relationship belongs to your parent alone, not to you. True bilingual representation means the lawyer speaks Spanish with your parent from the first call, reviews every form in Spanish, and lets your parent describe symptoms and events in their own words. Accurate symptom description affects both medical care and legal proof, if a doctor does not fully understand your parent’s pain because of a language barrier, injuries may go undocumented, weakening both treatment and any claim.
At Wolfson & Leon: who specifically will handle my parent’s case in Spanish?
Alfonso “Alfie” Leon, a partner at Wolfson & Leon, works directly with Hialeah clients, often in Spanish. Most attorneys and staff at the firm speak Spanish, so your parent can talk with their lawyer in the language they trust. The firm serves Hialeah, Hialeah Gardens, and Miami Lakes, and builds cases based on clear communication between attorney and client from day one.
Who signs the retainer agreement, and what if my parent can’t sign?
Your parent signs the retainer agreement themselves after it is explained to them in Spanish. The fee is contingent, no money up front, and no attorney fee unless the firm recovers compensation. The exact percentage and any costs will be in writing and explained in Spanish before signing. If your parent is unable to sign due to injury or incapacity, a valid power of attorney or court-appointed guardian may act on their behalf depending on the circumstances. The attorney can advise what documentation or authority is needed in your parent’s specific situation.
My parent doesn’t own a car, whose insurance covers their medical bills?
If your parent was hit as a pedestrian on Okeechobee Road, W 49th Street, or Palm Avenue, and does not own a car, their medical bills may still be covered under Florida’s PIP rules. Under Fla. Stat. § 627.736(4)(e), PIP coverage flows in this order: first, your parent’s own policy (if they had one); second, the PIP policy of any relative living in the same household; only third, the policy of the vehicle that struck them (if your parent is a Florida resident). In multigenerational Hialeah homes, a grandparent often qualifies under a child’s or grandchild’s auto policy. Remember: treatment must start within 14 days of the crash or PIP pays nothing. PIP covers 80% of reasonable medical costs and 60% of lost wages, up to $10,000 if a doctor finds an emergency medical condition, or just $2,500 if not.
The at-fault driver had no insurance, is there anything left to claim?
Yes. If the other driver had no insurance, or too little, your parent may still have a claim under uninsured motorist (UM) coverage. Under Fla. Stat. § 627.727, UM coverage is optional but must be rejected in writing to be waived. A UM policy held by a household relative may cover your parent even if they do not own a car. UM can pay for medical bills beyond PIP limits, lost income, and pain and suffering, but note that pain and suffering requires a permanent injury, significant scarring, or permanent loss of a bodily function under Florida law. Do not give a recorded statement to any insurer before speaking with an attorney. Policies usually require prompt notice of a claim, so do not wait weeks to get help.
Can a lawyer actually come to the house or hospital room in Hialeah?
Yes. Wolfson & Leon offers home and hospital visits for injured clients in Hialeah, Hialeah Gardens, and Miami Lakes. The attorney will meet your parent at Hialeah Hospital (651 E 25th Street) or Palmetto General Hospital (2001 W 68th Street), or wherever they are staying, if they cannot travel. The consultation is free, conducted in Spanish, and explains exactly how the case would work. There is no cost to start, and no fee unless the firm recovers money. The retainer agreement will be explained in Spanish before your parent signs anything.
Frequently asked questions
My parent was a passenger in my car and was hurt. Is my PIP the right policy to use?
Yes, usually. If your parent has no PIP policy of their own, lives with you, and was hurt as your passenger, your PIP policy is likely the primary source of coverage under Florida law. Your parent must still see a doctor within 14 days to activate those benefits.
The insurance adjuster called my parent and wants a recorded statement in Spanish. Should my parent do it?
No. Recorded statements can be used against your parent later, even when given in good faith. Do not speak to any insurer, yours or the other driver’s, before consulting an attorney. The adjuster works for the insurance company, not for your family.
How long does my parent have to file a lawsuit in Florida?
For injuries that happened on or after March 24, 2023, Florida gives two years from the date of the accident to file a personal injury lawsuit under Fla. Stat. § 95.11. This deadline is strict.
What if the accident was partly my parent’s fault, for example, they were crossing mid-block?
Florida uses modified comparative negligence. Your parent can still recover compensation as long as they are not more than 50% at fault. Any recovery would be reduced by their share of responsibility. Where they crossed matters, but it is not automatic disqualification.
My parent is in the hospital and can’t travel to a law office. Can the attorney still start the case?
Yes. An attorney can visit your parent in the hospital or at home anywhere in Hialeah, Hialeah Gardens, or Miami Lakes. The first consultation is free, done in Spanish, and requires no travel from your parent.
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.
Key facts
- A non-driver who lives with a relative who carries PIP can access that household relative's PIP coverage first, before looking to the striking vehicle's policy. Source: Fla. Stat. § 627.736(4)(e)
- PIP pays 80 percent of reasonable medical expenses and 60 percent of lost wages, up to $10,000 when a doctor finds an emergency medical condition, but only $2,500 if no emergency medical condition is found, and initial treatment must occur within 14 days of the crash or PIP pays nothing. Source: Fla. Stat. § 627.736
- Uninsured motorist (UM) coverage is optional in Florida and must be rejected in writing; it can pay for your parent's injuries when the at-fault driver has no insurance or not enough coverage. Source: Fla. Stat. § 627.727
- For injuries occurring on or after March 24, 2023, Florida gives injured people two years from the date of injury to file a personal injury lawsuit. Source: Fla. Stat. § 95.11
- A large majority of Hialeah residents speak Spanish at home, so many injured people need a lawyer who can talk with them directly in Spanish. Source: Wolfson & Leon
Frequently asked questions
My parent was a passenger in my car and was hurt. Is my PIP the right policy to use?
Yes. Under Fla. Stat. § 627.736(4)(e), PIP coverage follows this order: your parent's own PIP policy comes first; if they have none, the PIP of a relative living in the same household, which is your policy if you live together, pays next. Since many multigenerational Hialeah families share a home, the adult child's auto policy is often the correct starting point. Treatment must begin within 14 days of the crash, or PIP pays nothing regardless of whose policy applies.
The insurance adjuster called my parent and wants a recorded statement in Spanish. Should my parent do it?
No, not before speaking with an attorney. Insurance adjusters, including Spanish-speaking ones, represent the insurer's interests, not your parent's. A recorded statement can be used to reduce or deny the claim. Have an attorney review the situation first; once retained, the attorney handles all insurer contact so your parent does not have to speak with adjusters directly.
How long does my parent have to file a lawsuit in Florida?
For injuries that occurred on or after March 24, 2023, Florida law generally gives two years from the date of the injury to file a personal injury lawsuit under Fla. Stat. § 95.11. Missing that deadline can permanently bar the claim, regardless of how serious the injuries are or how clear the other party's fault is. Do not wait to consult an attorney, evidence and witness memories fade, and some procedural steps have shorter windows.
What if the accident was partly my parent's fault, for example, they were crossing mid-block?
Florida follows modified comparative negligence under Fla. Stat. § 768.81(6). Your parent's recovery is reduced by their percentage of fault, but they can still recover as long as they are not found more than 50 percent at fault. Insurers routinely try to assign blame to the injured person to reduce what they pay, having an attorney document the scene, the crossing location, and any contributing factors protects the value of the claim.
My parent is in the hospital and can't travel to a law office. Can the attorney still start the case?
Yes. Wolfson & Leon makes home and hospital visits for Hialeah-area clients, including at Hialeah Hospital and Palmetto General. The attorney will meet with your parent in Spanish, review every document before anything is signed, and explain the fee arrangement in writing. There is no cost for the initial consultation, and the firm works on contingency, no fee unless money is recovered.
This article is general information about Florida law, not legal advice, and reading it does not create an attorney-client relationship. Every case is different and past results do not guarantee a similar outcome. For advice about your situation, call Wolfson & Leon at 305-965-3766 for a free consultation.
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