I'm in the Hospital After a Crash, How Do I Get a Lawyer?

You do not have to go anywhere. A personal injury lawyer can come to your room at Hialeah Hospital, Palmetto General, or Ryder Trauma Center at Jackson Memorial, review your situation, and complete a consultation and any paperwork at your bedside. If you cannot make that call yourself, a family member can make it for you. The clock on your PIP benefits and your right to file a lawsuit started the moment the crash happened, so reaching out as early as possible from the hospital protects those rights.

You’re at Hialeah Hospital or Palmetto General, what happens right now?

If you are in Hialeah Hospital, Palmetto General Hospital, or Ryder Trauma Center at Jackson Memorial, your admission itself is already protecting part of your legal claim. Being admitted to the hospital on the day of or within 14 days of the crash satisfies Florida’s 14-day rule under Fla. Stat. § 627.736(1). That step keeps your $10,000 in PIP (Personal Injury Protection) benefits available, assuming your treating physician documents an emergency medical condition as defined in Fla. Stat. § 395.002(8). If no such finding is made, your PIP coverage drops to $2,500 under Fla. Stat. § 627.736(1)(a). You do not need to manage bills, statements, or legal deadlines right now. Our job is to handle those while you focus on healing. An attorney from Wolfson & Leon will come to your room to explain everything clearly and without pressure.

Can a family member call the lawyer for me?

Yes. A spouse, parent, sibling, or adult child can call 305-965-3766 to start the process. They should have ready: your full name, the crash date and location (for example, “Okeechobee Road near 49th Street”), the hospital name and room or unit if known, your auto insurer’s name and policy number if available, and any details about other drivers or vehicles involved. They do not need all this information to call. Just sharing what they know is enough to begin. The attorney-client relationship still requires your direct involvement once you’re able, but a family member can get us to your bedside quickly so nothing is missed.

How does the bedside consultation actually work?

One of our attorneys will travel to Hialeah Hospital, Palmetto General, or Ryder Trauma Center to meet you in your room. We will explain your rights in plain language, answer your questions, and never rush you. If you decide to hire us, we can sign the retainer agreement and medical authorizations right there at your bedside. You do not need to be sitting up. We work around your medical care, medications, and rest schedule. There is no cost to consult, and we only collect a fee if we recover money for you, then it is a percentage of that recovery. This is how we have worked since 1963 across Miami-Dade.

What is PIP and how does being in the hospital affect it?

PIP stands for Personal Injury Protection. It is part of your own auto insurance policy, not the other driver’s. Under Fla. Stat. § 627.736(4)(e), your own PIP pays first, no matter who caused the crash. It covers 80 percent of reasonable medical bills and 60 percent of lost wages, up to $10,000 if a treating physician finds you had an emergency medical condition (as defined in Fla. Stat. § 395.002(8)). Without that finding, the limit is only $2,500 under Fla. Stat. § 627.736(1)(a). Because you were admitted to the hospital within 14 days, you met the treatment deadline in Fla. Stat. § 627.736(1). PIP does not cover pain and suffering. That type of compensation comes from a separate claim against the at-fault driver, but only if your injury meets Florida’s threshold for permanency, significant scarring, or loss of function.

An insurance adjuster is calling the hospital room, what do you say?

Say as little as possible. Confirm your name and the crash date, then tell them you are either represented by an attorney or in the process of hiring one, and end the call. Adjusters, even from your own insurer, may try to take statements before your injuries are fully understood. Saying “I’m fine” or downplaying pain while sedated or in shock can later be used against you. Every day between the crash and treatment gives an adjuster an argument that your injury came from something else. Once you retain an attorney, all communication with insurers goes through us. You do not owe the other driver’s insurer any statement at this stage.

Special situations: a child is the patient, or the patient cannot make decisions

If the injured person is under 18, Florida law can require court approval before a settlement becomes final, depending on factors such as the amount and whether a lawsuit has been filed (Fla. Stat. § 744.387). An attorney can tell the family whether a judge must review the settlement. If an adult patient is too injured or medicated to participate in legal decisions, the question becomes who has legal authority to act. Depending on the circumstances, that might be a spouse, a healthcare surrogate, or someone with durable power of attorney. An attorney can help the family understand what options exist. Patients have a right to copies of their medical records, and under Fla. Stat. § 456.057, authorized representatives can request copies when the patient cannot.

Frequently asked questions

Do I need a lawyer if I’m in the hospital after a crash?
Not everyone needs one, but serious injuries, disputes over fault, or complex insurance issues often require legal help. A lawyer helps make sure your PIP claim is handled correctly and helps protect your right to pursue additional compensation from the at-fault driver.

How soon should I call a lawyer after an accident before talking to insurance?
As soon as possible. You have two years to file a lawsuit under Florida law for crashes on or after March 24, 2023, but insurers begin building their case immediately. Do not give a recorded statement without legal advice.

I’m receiving hospital bills and I don’t know who pays them. Am I responsible?
Your own PIP insurance pays first, up to its limits. After that, responsibility depends on fault, your health insurance, or other coverage. A lawyer can sort out which insurer should pay and help with collection calls during the process.

Can my mom or spouse call a personal injury lawyer for me while I’m in the hospital?
Yes. A family member can contact us to arrange a bedside visit. They do not need all the details, just enough to identify you and your location so we can get to you quickly.

My child was hurt in the accident. Can I settle the case on their behalf?
Not always on your own. Under Fla. Stat. § 744.387, a judge may need to approve a settlement involving a minor, depending on factors such as the amount and whether a lawsuit has been filed. When approval is required, the court reviews the terms to protect the child’s interests.

Related reading: I was in a car accident in Hialeah. What do I do now? · I fell in a store in Hialeah. Can I make a claim? · 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

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.