What to Expect After Hiring a Motorcycle Accident Attorney in Hialeah

After you hire a motorcycle accident attorney in Hialeah, the case moves through six predictable stages: investigation, medical treatment, demand, negotiation, and, if the insurer won’t pay fairly, a lawsuit filed in Miami-Dade’s 11th Judicial Circuit. You are not passive at any stage; your job is to attend every medical appointment, preserve your gear and your bike, and keep your attorney updated on your condition while the firm handles the insurers, the crash report, and the paperwork.

What will the attorney ask me on the first call, and do I need to come into the office?

The free consultation with Wolfson & Leon starts with a few key questions: the date and location of the crash, whether police responded (Hialeah Police Department or Florida Highway Patrol), the other driver’s insurance information, where you sought medical care, and whether you gave a recorded statement to any insurance company. Do not give a recorded statement to the other driver’s insurer before speaking with an attorney. The meeting can happen at our office at 1840 W 49th St, Hialeah, or we can come to your home or hospital room, including Hialeah Hospital, Palmetto General, or Ryder Trauma Center at Jackson Memorial for serious injuries. After this call, we decide whether to take your case on contingency, meaning no fee unless we recover money for you. There is no charge for this initial consultation.

How does the firm investigate the crash, and what does the rider need to save?

We begin by obtaining the official crash report. Under Florida law, these reports are confidential for 60 days, but as your attorney we can access them immediately from Hialeah PD or FHP depending on where the crash occurred. We also look for traffic camera footage, nearby business surveillance video, witness contact information, and scene photographs. Video evidence is often overwritten within days, so speed matters. You must preserve your motorcycle, helmet, jacket, gloves, and any damaged gear. Do not repair or discard anything. Take clear photos of all damage before moving items if possible. Keep every medical bill, receipt, and treatment note. In complex cases, we may hire an accident reconstruction expert to analyze how the crash happened.

Why does my attorney tell me to focus on treatment before worrying about the settlement number?

Your demand letter cannot be sent until your medical condition stabilizes, a point called maximum medical improvement (MMI). Until then, we cannot accurately calculate future costs like surgery, physical therapy, or long-term disability. If you settle too early, you cannot ask for more later. Serious injuries often require ongoing care at Hialeah Hospital, Palmetto General, or Ryder Trauma Center. Your job is to follow all treatment plans, attend every appointment, and document how your injuries affect work and daily life. Gaps in treatment let insurers argue your injuries were minor. Keep records of out-of-pocket expenses like prescriptions, mileage to appointments, and lost wages. This documentation becomes part of your claim.

If I have no PIP, how do my medical bills get paid while the case is still open?

Florida law excludes motorcycles from Personal Injury Protection (PIP) coverage under Fla. Stat. § 627.732(3). That means there is no automatic $10,000 in medical payments regardless of fault. Instead, bills are typically covered in one of three ways: your health insurance (which may place a lien on your eventual recovery), medical payments (med-pay) coverage if you added it to your motorcycle policy, or a letter of protection (LOP) from your doctor agreeing to wait for payment until your case settles. We help negotiate medical liens so you keep more of your recovery. Do not ignore bills, unresolved liens can delay or reduce your net settlement.

What happens when the attorney sends the demand letter, and what if the insurer says no?

The demand package includes all medical records, bills, lost wage proof, photos, the crash report, witness statements, and a detailed account of your pain and life impact. We send it to the at-fault driver’s liability insurer. If that driver has no insurance or too little, we also pursue your own uninsured/underinsured motorist (UM) coverage, which must have been purchased and not formally rejected in writing per Fla. Stat. § 627.727. If negotiations stall, we file a lawsuit in Miami-Dade’s 11th Judicial Circuit (in circuit or county court, depending on the amount in dispute). After filing, both sides conduct discovery, depositions, written questions, and document exchanges. Florida requires mediation in most civil cases, where a neutral third party helps both sides reach a resolution. Most cases settle before trial. Insurers often argue you share fault, but under Florida’s modified comparative negligence rule (Fla. Stat. § 768.81(6)), you can still recover unless you are found more than 50 percent at fault.

How long will this take, and what is the deadline I cannot miss?

For crashes on or after March 24, 2023, you have exactly two years from the accident date to file a lawsuit under Fla. Stat. § 95.11. Miss that deadline and your claim is permanently barred, no matter how strong your evidence. Simple cases with clear injuries may resolve in several months after treatment ends. Cases involving spinal injuries, traumatic brain injury, disputed fault, or UM claims often take one to two years or longer. Learn more about realistic timelines in our article on how long a personal injury case takes in Miami-Dade. If a government vehicle or dangerous road condition contributed to your crash, Florida law requires written notice of the claim to the government agency before a lawsuit can be filed (Fla. Stat. § 768.28(6)), so tell your attorney right away if this applies.

Frequently asked questions

What does the attorney’s fee come out of, and do I owe anything if the case loses?
Our fee comes out of the recovery, if there is one. You owe nothing upfront, and if we do not obtain a settlement or verdict, you pay no attorney fees.

The other driver had only a small insurance policy. Am I stuck with whatever that pays?
Not necessarily. If you have uninsured/underinsured motorist (UM) coverage on your own motorcycle policy, it can cover the difference between your losses and the other driver’s low limits.

Can the insurer blame me for my own injuries because I wasn’t wearing a helmet?
Florida law allows riders 21 and older to ride without a helmet if they carry at least $10,000 in medical benefits coverage. Not wearing one does not automatically bar your claim, though the insurer may try to argue it worsened your injuries.

The police report says I was partly at fault. Does that end my case?
No. Police reports are not final proof of fault. Under Florida’s comparative negligence rule, you can still recover as long as you are not more than 50 percent at fault. We use evidence like video, witness statements, and reconstruction to challenge inaccurate reports.

I went to the ER the night of the crash. Is that enough, or do I need to keep treating?
The ER visit starts your medical record, but ongoing treatment is critical. Insurers will argue your injuries were minor if you do not follow up. Continue care as recommended and document all symptoms.

Related reading: I was hit on my motorcycle in Hialeah. Does PIP cover me? · The attorneys who answer the phone · The 14-day PIP rule in Florida: what happens if you wait to see a doctor after a Hialeah car accident

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.