Car accidents

What Actually Happens After You Call a Car Accident Attorney in Hialeah

Direct answer

When you call a car accident attorney, the first week moves faster than most people expect: you can get a free consultation quickly, you sign a written fee agreement that costs you nothing upfront, and the firm immediately notifies insurers, sets up your PIP billing, and starts pulling records. You do not have to figure any of that out yourself.

What Actually Happens After You Call a Car Accident Attorney in Hialeah

When you call a car accident attorney, the first week moves faster than most people expect: you can get a free consultation quickly, you sign a written fee agreement that costs you nothing upfront, and the firm immediately notifies insurers, sets up your PIP billing, and starts pulling records. You do not have to figure any of that out yourself.

Day 1: What happens when you first call?

A real person answers the phone at Wolfson & Leon’s office at 1840 W 49th St #734 in Hialeah. The intake questions are brief, name, contact info, where the crash happened, and whether you’ve seen a doctor. The firm will work to schedule your consultation promptly. If you’re still in the hospital or cannot travel, the lawyer will meet you at your home or bedside. Calling does not mean you are suing anyone. It simply means you are protecting your rights while you recover. Insurers often call within hours of a crash asking for a recorded statement, you do not owe them that call before you know your injuries. Talking to a lawyer first stops that pressure before it starts.

What does the free consultation actually cover?

The lawyer will ask how the crash happened, what police agency responded, where you were treated (or if you have not yet seen a doctor), which insurance companies are involved, and whether you had prior injuries. Each question has a purpose. If you have not seen a doctor within 14 days of the crash, Florida law bars your own PIP insurance from paying anything under Fla. Stat. § 627.736. The lawyer will tell you to go immediately. They ask about prior conditions because insurers frequently deny claims by citing old back or neck problems, even when the current injury is new and worse. The consultation is partly triage: spotting gaps in treatment, missing records, or false statements insurers might use later. No value is promised during this meeting. The focus is on protecting your right to care and payment.

What is in the fee agreement and what does it cost you upfront?

The fee agreement is a written contract required by Florida Bar rules. It states clearly that you pay nothing upfront. The firm only gets paid if there is a recovery, and the percentage depends on the stage of the case: under Florida Bar rules it can be up to 33⅓ percent of a recovery up to $1 million before an answer is filed in a lawsuit (or arbitration is demanded), and up to 40 percent after that. All costs, like medical record requests, crash reports, and expert reviews, are advanced by the firm. If there is no recovery, you owe no attorney fee. This structure is standard across Florida personal injury cases. You also have the right to request an accounting of costs and fees at any time. Hiring a lawyer does not lock you into unnecessary expenses, it removes the financial risk from your shoulders while you heal.

After you sign: how does the firm take over contact with insurers?

Once you sign the agreement, the firm sends a representation letter to every insurer involved, your own carrier and the at-fault driver’s carrier. This letter instructs them to stop contacting you directly. Insurers move fast: they call the same day as a crash, ask for recorded statements, and sometimes make early offers before you even know the full extent of your injuries. After the representation letter goes out, you should not speak to adjusters. If one calls anyway, say only “I am represented by an attorney” and hang up. The exact wording of the letter varies by firm, but its effect is immediate: it halts direct pressure and protects your statements from being twisted later.

PIP billing and medical records: what the firm does in the first week

Two things happen at once. First, the firm confirms your medical bills are being sent to the correct PIP insurer. Under Fla. Stat. § 627.736, your own auto policy pays first, not the other driver’s. If you don’t have coverage, it shifts to a resident relative’s policy. If neither exists, a passenger may be covered by the PIP on the vehicle they were in, and a pedestrian or cyclist who is a Florida resident may be covered by the striking vehicle’s PIP. PIP covers 80 percent of reasonable medical bills up to $10,000 if a doctor finds an emergency condition, otherwise up to $2,500. Second, the firm gathers evidence. Because Fla. Stat. § 316.066 makes crash reports confidential for 60 days, but available to attorneys, the firm can pull the report right away. Medical records require your written authorization under Fla. Stat. § 456.057, which the firm prepares. Photos, dashcam footage, and store surveillance near the crash site (like on Okeechobee Road or near West 49th Street) can vanish in days, so the firm may send preservation letters immediately.

What you need to do while the firm handles the rest

You have three jobs: keep treating with doctors consistently, keep every receipt and document (medical bills, pharmacy slips, mileage logs, pay stubs if you missed work), and stay off social media entirely. Insurers monitor Facebook, Instagram, and TikTok. A single photo or casual post can be taken out of context and used to challenge your limitations. Even posting “feeling better” after a tough week can be weaponized. Do not discuss the crash online, even with friends. If a lawsuit becomes necessary, it would be filed in Miami-Dade County Circuit Court. For a realistic timeline of how long a personal injury case in Miami-Dade typically takes, read our guide how long a personal injury case in Miami-Dade typically takes.

Frequently asked questions

Do I have to come to the office to sign paperwork, or can someone meet me at home?
No, you do not have to come to the office. We can meet you at your home, hospital room, or any location in Hialeah or Miami-Dade that works for you.

What if I haven’t seen a doctor yet, is it too late to call?
Call now. Florida’s 14-day PIP rule means you must see a doctor within 14 calendar days of the crash or PIP pays nothing toward your medical bills. The clock is ticking, but it may not be too late.

Will hiring a lawyer automatically mean I have to go to court?
No. Most car accident cases settle without a trial. Filing a lawsuit is only considered if the insurance company refuses to offer fair compensation.

What happens to my medical bills while the case is pending?
Your PIP insurance should cover eligible bills up front. If PIP is exhausted or denied, providers may agree to liens, meaning they wait for payment until the case resolves.

Can the other driver’s insurance company call me directly after I hire an attorney?
They can try, but once we notify them of our representation, communications should go through your attorney. If they call, say “I am represented by an attorney” and end the call.

Related reading: I was in a car accident in Hialeah. What do I do now? · The attorneys who answer the phone · Jonah M. Wolfson

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 PIP pays 80 percent of reasonable medical bills up to $10,000 when a doctor finds an emergency medical condition, but only if the injured person receives initial treatment within 14 calendar days of the crash. Source: Fla. Stat. § 627.736
  • Florida crash reports are confidential for 60 days after the crash, except to the parties involved, their insurers, and their attorneys. Source: Fla. Stat. § 316.066
  • A patient's medical records may not be released without written authorization from the patient or a lawful court order. Source: Fla. Stat. § 456.057
  • If a lawsuit is needed, it must be filed within two years of the crash date for injuries that occurred on or after March 24, 2023. Source: Fla. Stat. § 95.11
  • For a pedestrian or cyclist, PIP pays from the injured person's own policy first; if they have none, from a resident relative's policy; and only if neither exists does the striking vehicle's PIP apply (for a Florida resident). Source: Fla. Stat. § 627.736(4)(e)

Frequently asked questions

Do I have to come to the office to sign paperwork, or can someone meet me at home?

No, you do not have to come in. Wolfson & Leon's Hialeah team can meet clients at the W 49th St office, at your home, or at the hospital if you are still admitted. The goal is to make the first step as easy as possible so that nothing is delayed while you recover.

What if I haven't seen a doctor yet, is it too late to call?

Call immediately. Florida's PIP statute requires that you receive initial medical treatment within 14 calendar days of the crash or PIP pays nothing toward your medical bills. If that window has not closed yet, the attorney will tell you to seek care before anything else happens. Do not wait to see if the pain goes away on its own.

Will hiring a lawyer automatically mean I have to go to court?

No. Many Florida car accident cases resolve through negotiation with the insurer before a lawsuit is filed. A lawsuit is filed only when negotiations stall or the insurer refuses to offer fair compensation. If a lawsuit does become necessary, it would be filed in Miami-Dade County Circuit Court, the 11th Judicial Circuit.

What happens to my medical bills while the case is pending?

Your PIP coverage pays 80 percent of reasonable and necessary medical bills (up to the applicable limit) while the case is open, regardless of who caused the crash. The firm also works with your providers to make sure bills are submitted correctly and, in many cases, providers agree to wait for payment until the case resolves. Outstanding medical liens are typically addressed and negotiated at the time of settlement.

Can the other driver's insurance company call me directly after I hire an attorney?

Once the firm sends a representation letter notifying the insurers that you are represented, all communications from the other driver's insurer should go to your attorney, not to you. If an adjuster calls you anyway, say only that you are represented by an attorney and end the call. Do not give a recorded statement or discuss the facts of the crash.

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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