Yes, a Lawyer Can Come to You in the Hospital After a Fall

Yes. Wolfson & Leon sends attorneys to patients at Hialeah Hospital, Palmetto General, and other area facilities, no need to wait until discharge. The consultation is free, available in Spanish or English, and you can reach a live person at 305-965-3766 any hour of the day or night. Waiting until you are home may cost you surveillance footage, witness memories, and other evidence that disappears within days.

Can a lawyer actually come to me while I’m still admitted?

Yes. Our attorneys meet with injured patients right where they are, whether that is Hialeah Hospital, Palmetto General, or another facility in Miami-Dade. If hospital rules restrict visitor access, we conduct the consultation by phone or video with the patient and any available family members. This is not a sales pitch. It is a real legal consultation where you can ask questions, decide whether to hire an attorney, and put protections in place before the property owner’s insurance company makes contact. You choose the language, Spanish or English, and there is no fee for this meeting. Call 305-965-3766 anytime. A person answers 24 hours a day.

What can my family do right now, before the lawyer arrives?

Your family can take five immediate steps from the waiting room or parking lot. First, photograph the exact spot where the fall happened: get a wide-angle shot showing the absence of warning signs like “wet floor” cones, and a close-up of the substance or defect itself. Second, write down the full legal name of the business, check a receipt or the storefront sign, because that identifies the correct defendant. Third, ask management to complete an incident report and insist on receiving a copy before anyone leaves the scene. Fourth, collect names and phone numbers of every witness; people scatter quickly and memories fade fast. Fifth, have everyone who saw the area write down what the floor looked like before the fall. A wide shot showing no cone or caution sign can also be useful evidence in a claim under Fla. Stat. § 768.0755.

Why do the first days after a fall matter so much for evidence?

Surveillance systems do not keep footage indefinitely, and the retention window at many commercial properties may be shorter than most people expect. Without prompt action, critical video showing how long a spill or hazard existed could be erased forever. Cleaning logs, maintenance schedules, and prior incident reports also vanish or become harder to obtain once the property owner’s insurer takes control. An attorney can send a spoliation letter demanding preservation immediately, a step many families do not know to take. Waiting can also give an insurer room to argue that the injury was not serious.

What are my rights to my own medical records and bills?

Under Florida law, specifically Fla. Stat. § 456.057, you or your authorized representative have the right to obtain copies of your medical records. These documents prove when the injury occurred, what treatment you received, and what future care may be needed, all facts insurers will dispute. Begin requesting itemized bills from Hialeah Hospital or Palmetto General as soon as possible. An attorney can help navigate the process and ensure you get complete records. Insurers often claim injuries came from something else; your medical timeline helps answer that argument.

Should I give a recorded statement to the store’s insurance company from my hospital bed?

No. The adjuster works for the property owner’s insurance company, not for you. Their job is to find reasons to pay less or nothing at all. If you are on pain medication, in shock, or tired from treatment, you are not in a position to give a careful statement. Under Florida’s modified comparative negligence rule (Fla. Stat. § 768.81(6)), anything you say that suggests you contributed to the fall, even slightly, can reduce your recovery. If you are more than 50 percent at fault, you recover nothing. Politely decline by saying, “I am not prepared to give a statement at this time,” or “I have retained an attorney and all communication should go through them.” Then give the adjuster’s name and number to your lawyer immediately.

What if the injury is life-threatening, can the family still act?

Yes, and time is even more urgent. If the fall leads to death, Florida law allows a wrongful death claim under Fla. Stat. § 768.20, but only the personal representative of the estate can file it. Surviving family members, such as a spouse, children, or parents, may recover as beneficiaries, but they cannot file directly on their own. Evidence must be preserved before the business’s insurer begins its investigation. Call 305-965-3766 right away, even before the patient’s condition stabilizes. A live person answers 24 hours a day, and wrongful death claims have their own filing deadline and trigger date; an attorney should review the specific facts immediately.

Frequently asked questions

I’m not sure my fall is serious enough to call a lawyer. Should I still reach out?
Yes. Even seemingly minor falls can reveal serious injuries days later. A free consultation lets you understand your rights without obligation. There is no fee unless we win.

The store’s insurance company already called me in the hospital. What do I do?
Do not answer detailed questions. Take the adjuster’s name and number, then call us. Let your attorney handle all communication from that point forward.

How long do I have to file a lawsuit after a slip and fall in Florida?
If your injury happened on or after March 24, 2023, you have two years from the date of injury to file a lawsuit under Fla. Stat. § 95.11. Do not assume you have plenty of time, evidence disappears long before that deadline.

Can a family member handle this for me while I’m unconscious or unable to communicate?
A family member can help gather information and contact a lawyer, but legal decisions require proper authority. An attorney can explain options like a power of attorney or court-appointed representative if needed.

What if my loved one died from a fall at a supermarket or other business, do we still have a case?
Possibly. Florida law allows a wrongful death claim if the fall was caused by the business’s negligence. The personal representative of the estate must bring the claim, and time is critical to preserve evidence.

Related reading: I fell in a store in Hialeah. Can I make a claim? · My family member was killed in an accident in Hialeah. Who can bring 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.