How to Get a Motorcycle Accident Lawyer When You Are Still in the Hospital

You do not have to leave the hospital, make the call yourself, or even be conscious to start a case. A family member can call on your behalf, and an attorney from Wolfson & Leon will come to Ryder Trauma Center, Hialeah Hospital, Palmetto General, or wherever you are being treated. While you recover, the lawyer secures the crash report, preserves the bike, chases down video footage, and puts insurers on notice, the case moves forward without you.

Can a family member make the first call, or does it have to be me?

It does not have to be you. A spouse, parent, sibling, or adult child can call Wolfson & Leon on your behalf at any time, day or night, weekday or holiday. The phone is answered by a live person, not a voicemail system, in both English and Spanish. The family member only needs to share basic details: your name, where you are hospitalized, and a brief account of the crash. No paperwork, no signed forms, and no retainer are needed for this first conversation. This call does not commit you or your family to anything. It simply starts the process so your rights are protected while you focus on healing.

Will the lawyer actually come to the hospital, or do I have to go to an office?

Yes, the lawyer will come to you. Attorneys from Wolfson & Leon can visit clients at Ryder Trauma Center at Jackson Memorial Hospital, Hialeah Hospital, and Palmetto General Hospital. If you have been discharged but cannot travel, they can meet you at your home. These consultations are scheduled around your treatment plan, pain levels, and rest needs, not the firm’s office hours. Many seriously injured riders cannot sit upright for long, drive, or concentrate through complex legal details. Meeting you where you are ensures access to representation when you need it most.

What is the lawyer actually doing while I’m admitted?

While you are in the hospital, your lawyer is already working to protect your claim. First, they obtain the official crash report under Florida law. Though these reports are confidential for 60 days, attorneys can access them immediately and check for errors that might wrongly blame you. Second, they secure your motorcycle and riding gear, helmet, jacket, gloves, because these are key evidence; without quick action, repair shops or insurers might alter or discard them. Third, they send urgent letters to businesses, traffic authorities, and other drivers to preserve surveillance or dashcam footage, which can be erased quickly. Fourth, they notify the at-fault driver’s insurance company and, if applicable, your own uninsured/underinsured motorist (UM) carrier so adjusters stop calling you. Your lawyer can handle those contacts so you do not have to give a recorded statement from your hospital bed.

Motorcycles don’t get PIP, what do I tell the hospital billing office?

Motorcycle riders are excluded from Florida’s no-fault PIP system under Fla. Stat. § 627.732(3). That means you cannot rely on your own auto insurance to cover medical bills like car drivers can. Instead, payment may come from the at-fault driver’s bodily injury liability coverage, your health insurance, any MedPay add-on on your policy, or your own UM/UIM coverage if the other driver had little or no insurance. Tell the hospital billing office you have health insurance (if you do) and that a personal injury claim is pending. Do not promise future settlement money or sign lien agreements without first talking to your attorney. In some cases, Miami-Dade hospitals may place a lien on your eventual recovery for unpaid bills, your lawyer can address this directly once retained.

What if the rider can’t sign anything, or the rider is a minor?

If an adult rider is unconscious, heavily medicated, or otherwise incapacitated, a valid power of attorney signed before the crash may allow someone else to act on their behalf. If no such document exists, Florida law allows for the appointment of a court guardian to handle legal matters, an attorney can advise your family on the right path. For minor riders, a parent or legal guardian can pursue a claim, and Fla. Stat. § 744.387 governs settling a minor’s claim. Settlements of a minor’s claim often must be reviewed and approved by a judge to ensure they protect the child’s interests. In both situations, your family can call us first, and we will determine which legal framework applies to your specific case.

The two-year deadline doesn’t pause while you’re recovering, what does that mean?

Under Fla. Stat. § 95.11, you have exactly two years from the date of the crash to file a lawsuit if your injuries occurred on or after March 24, 2023. This clock runs even if you are in surgery, in the ICU, in rehab, or unable to think clearly. Missing this deadline means losing your legal right to seek compensation permanently. Your attorney also needs your medical records, ER notes, scans, surgical reports, to prove your injuries came from the crash. Under Fla. Stat. § 456.057, you have the right to these records, and your lawyer can request them on your behalf so your family does not have to manage release forms during a medical crisis. Calling early, even from the hospital, even through a relative, keeps your claim alive without requiring you to take action yourself.

Frequently asked questions

What if I already gave the insurance adjuster a recorded statement from the hospital?
Insurance adjusters often call quickly and ask for statements before you’ve spoken to a doctor or lawyer. While this can complicate a claim, it does not end it. An attorney can assess what was said, correct misstatements, and limit how the insurer uses your words.

My family member is at Ryder Trauma Center and is not conscious. Can we still start the process?
Yes. A close family member can call us to begin. We will work with the family to determine whether a power of attorney, guardianship, or other legal authority exists or needs to be established.

Will I owe the lawyer anything if the case doesn’t result in a recovery?
No. Wolfson & Leon works on a contingency fee basis. You pay nothing upfront, and there is no fee unless we secure a recovery for you through settlement or verdict.

My bike is sitting at a tow yard. Does that matter legally?
Yes. The motorcycle is physical evidence. If left too long, the tow yard may charge storage fees or auction it. Your lawyer can contact the yard to prevent disposal and arrange inspection or safekeeping.

Can I still pursue a claim if the driver who hit me had no insurance or very little coverage?
Possibly. If you have uninsured or underinsured motorist (UM) coverage on your own policy, that may apply. Florida law requires insurers to offer this coverage, and it can be a critical source of compensation. We review your policy to see what options exist.

Related reading: I was hit on my motorcycle in Hialeah. Does PIP cover me? · Alfonso “Alfie” Leon · 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.