Hit by a Miami-Dade Bus or Hialeah City Vehicle: Can You Still Hire a Lawyer on Contingency?
Yes, Wolfson & Leon can still take your case on contingency, meaning no fee unless there is a recovery, even when the vehicle belonged to Miami-Dade County or the City of Hialeah. Government ownership does not close the door; it changes the rules, the deadlines, and the ceiling on what you can recover, which is exactly why having a lawyer from the first day matters more, not less.
Yes, Wolfson & Leon can still take your case on contingency, meaning no fee unless there is a recovery, even when the vehicle belonged to Miami-Dade County or the City of Hialeah. Government ownership does not close the door; it changes the rules, the deadlines, and the ceiling on what you can recover, which is exactly why having a lawyer from the first day matters more, not less.
Can you actually sue Miami-Dade County or the City of Hialeah, and still pay nothing unless you win?
Yes. Florida law allows lawsuits against government entities like Miami-Dade Transit and the City of Hialeah for negligence under Fla. Stat. § 768.28. This statute partially waives sovereign immunity, meaning the courthouse door is open, but only if you follow strict procedures. Wolfson & Leon handles these cases on a contingency basis. That means we collect a fee only if there is a recovery. You pay nothing out of pocket just for calling or starting the process. Being hit by a Metrobus or a City of Hialeah truck does not mean your claim vanishes. It means the path is narrower, with fixed deadlines and damage caps, so legal help from day one is essential.
What is the written notice requirement, and what happens if you miss it?
Before you can file any lawsuit against Miami-Dade County or the City of Hialeah, Florida law requires formal written notice of your claim. Under Fla. Stat. § 768.28(6), this notice must be served on the responsible government agency; claims against the State of Florida itself must also go to the Florida Department of Financial Services. After proper notice is served, the agency has a period of time to investigate and respond before a lawsuit may begin. Missing this step, or serving notice too late, can permanently bar an otherwise valid claim. Waiting to send notice is risky. The deadline to file suit, combined with the waiting period after notice, effectively shortens your usable time. Missing this step can end a valid claim permanently.
Who receives the notice, Miami-Dade County, the City of Hialeah, or the State of Florida?
The notice goes to the correct government entity; the Florida Department of Financial Services also receives notice when the claim is against the State of Florida itself. If a Miami-Dade Transit Metrobus hit you, including buses on routes that serve the Hialeah area, the responsible entity is Miami-Dade County. If a City of Hialeah truck or municipal vehicle struck you, the notice must go to the City of Hialeah. Sending notice to the wrong agency can delay or derail your claim. A lawyer identifies the right entity and ensures proper service. That is one more reason to call early, especially when evidence is fresh and liability is still being documented.
What are the caps on what you can recover from a government entity, and how do they affect the lawyer’s fee?
Florida law caps how much can be recovered from a government entity under Fla. Stat. § 768.28, and a lawyer can confirm the limits that apply to your case. The usual way to recover more is through a special claims bill passed by the Florida Legislature, a slow, uncertain process. Claims bills are rare and never guaranteed. Because the recovery pool is smaller, the attorney’s contingency fee comes from a limited amount. Florida law also generally limits the attorney’s fee in claims against government entities. But you still owe no fee unless there is a recovery.
Your PIP insurance still pays, even when the bus or city truck is at fault
Personal Injury Protection (PIP) pays regardless of who caused the crash. Under Fla. Stat. § 627.736(4)(e), your own auto insurance policy pays first, even if you were walking. If you do not have a car, a household relative’s policy applies next. Only if no household policy exists does the striking vehicle’s PIP come into play. PIP covers 80 percent of reasonable medical bills and 60 percent of lost income, up to $10,000 if a doctor diagnoses an emergency medical condition, or $2,500 if not. But you must get initial treatment within 14 days of the crash, or PIP pays nothing. This coverage runs parallel to your claim against the government entity. PIP is not a substitute for the liability claim; it is your first source of medical and wage help while the government claim develops. Learn more about Florida’s 14-day PIP rule.
Why call Wolfson & Leon early, before the notice window closes and the evidence disappears
Time is compressed in government vehicle cases. There is a strict deadline to sue, but you must first serve notice and then wait out the agency’s response period before filing. That leaves less usable time than it appears. Meanwhile, critical evidence vanishes fast. Buses and nearby businesses may have cameras, but footage can be overwritten quickly. During the pre-suit period, a lawyer gathers that data, locates witnesses, documents injuries, and builds the medical record needed to prove both PIP eligibility and government liability. All of this happens at no upfront cost under a contingency agreement. Call Wolfson & Leon in Hialeah before the notice window closes.
Frequently asked questions
How long do I have to file a claim if a Miami-Dade Transit bus hit me while I was walking?
Claims against government entities have strict deadlines, and a lawyer should confirm the exact deadline for your case. Before filing suit, you must serve written notice on Miami-Dade County, then wait out the county’s response period. This makes your effective window to act shorter than it appears.
What if my injuries are worth more than the government cap, can I still recover the full amount from the county?
The law caps what can be recovered from Miami-Dade County. To get more, the Florida Legislature must pass a special claims bill, which is a lengthy, uncertain process, and such outcomes are rare and not guaranteed.
I don’t own a car. Does PIP insurance still apply to me as a pedestrian hit by a government bus?
Yes. If you live with a relative who has auto insurance, their PIP policy covers you. If no household policy exists, then the bus’s PIP may apply. But you must see a doctor within 14 days of the crash, or PIP pays nothing.
Does it matter whether the vehicle was a Miami-Dade Metrobus or a City of Hialeah truck?
Yes. Different entities are responsible: Miami-Dade County for Metrobuses, the City of Hialeah for its municipal vehicles. Notice must go to the correct one. A lawyer ensures it is sent properly.
Can a law firm really take a government bus accident case on contingency if the recovery is capped?
Yes. Firms like Wolfson & Leon accept these cases on contingency because the client pays no fee unless there is a recovery. The cap affects the total amount available, but not the availability of representation.
Related reading: A car hit me while I was walking or biking in Hialeah. What are my rights? · My family member was killed in an accident in Hialeah. Who can bring a claim? · How long do I have to file an injury lawsuit in Florida? The two-year rule after HB 837
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
- Florida's sovereign immunity statute, Fla. Stat. § 768.28, allows injured people to sue government entities like Miami-Dade County and the City of Hialeah, but only after following specific pre-suit procedures. Source: Fla. Stat. § 768.28
- Before a lawsuit can be filed against a Florida government entity, written notice of the claim must be delivered to the agency (and, for claims against the state, to the Florida Department of Financial Services); the agency then has a period to investigate and respond before suit may begin. Source: Fla. Stat. § 768.28(6)
- Florida caps what a government entity must pay; recovering more requires the Florida Legislature to pass a special claims bill, a process that is slow and never guaranteed. Source: Fla. Stat. § 768.28
- A pedestrian's PIP coverage pays first, from the injured person's own household auto policy or a household relative's policy, regardless of who caused the crash; only if no household policy exists does the striking vehicle's PIP apply. Initial treatment must occur within 14 days or PIP pays nothing. Source: Fla. Stat. § 627.736(4)(e)
- Claims against Florida government entities have strict deadlines, and the required pre-suit notice and the agency's response period use up part of the available time. Source: Fla. Stat. § 768.28(6)
Frequently asked questions
How long do I have to file a claim if a Miami-Dade Transit bus hit me while I was walking?
Claims against government entities have strict deadlines, and a lawyer should confirm the exact deadline for your case. Before you can file a lawsuit against a government entity like Miami-Dade County, written notice must be served first under Fla. Stat. § 768.28(6), and the agency has a period to respond before suit can begin. That pre-suit process eats into your available time, so the practical deadline to start moving is much sooner than it appears. Contact a lawyer immediately, do not wait.
What if my injuries are worth more than the government cap, can I still recover the full amount from the county?
Florida caps government liability under Fla. Stat. § 768.28. To recover more, a claimant must persuade the Florida Legislature to pass a special claims bill, a separate legislative act authorizing the excess payment. This process is slow, uncertain, and requires its own legal strategy; relatively few claims bills pass.
I don't own a car. Does PIP insurance still apply to me as a pedestrian hit by a government bus?
Possibly yes. Under Fla. Stat. § 627.736(4)(e), a pedestrian who is a Florida resident can claim PIP from any auto policy in their household, their own policy or a resident relative's policy, regardless of who caused the crash. If no household policy exists, the pedestrian may be able to claim PIP from the striking vehicle's policy as a fallback. Treatment must begin within 14 days of the crash or PIP pays nothing, so do not wait on medical care while sorting out the legal claim.
Does it matter whether the vehicle was a Miami-Dade Metrobus or a City of Hialeah truck?
Both are government vehicles subject to Fla. Stat. § 768.28, so the same caps, notice requirements, and waiting period apply. The difference is who receives the notice: a Metrobus crash means notice goes to Miami-Dade County, while a City of Hialeah vehicle crash means notice goes to the City of Hialeah. The Florida Department of Financial Services also receives notice only when the claim is against the State of Florida itself. Sending it to the wrong entity can create serious problems, which is one more reason to have a lawyer handle this from the start.
Can a law firm really take a government bus accident case on contingency if the recovery is capped?
Yes. The contingency model, no fee unless there is a recovery, applies to government vehicle cases even though the statutory cap limits the maximum payout. The lawyer's fee comes out of whatever is recovered, so the client still has no upfront cost and no out-of-pocket legal fees if the case does not succeed. The cap does mean the pool of money available is smaller than in a private-vehicle case, which is one reason it matters to identify every available source of recovery.
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.
Also available in: Versión en español
Pedestrian and bicycle accidents Hit by a Car in Hialeah With No Money? Here Is What to Do
You do not need money upfront to get a lawyer or to start paying your medical bills after being hit by a car in Hialeah. Personal injury attorneys,…
Pedestrian and bicycle accidents Contingency Fee Means No Attorney Fee, Not Necessarily No Case Costs
Yes, potentially. A contingency fee means your lawyer collects no attorney fee unless you recover money, but case costs, crash reports, medical…
Pedestrian and bicycle accidents Do Pedestrian Accident Attorneys in Hialeah Work on Contingency?
Yes. Wolfson & Leon handles Hialeah pedestrian accident cases on a pure contingency basis: you pay no attorney fee upfront, and you owe no attorney…