Personal injury

What to Have Ready Before You Call a Personal Injury Lawyer in Hialeah

Direct answer

You can call Wolfson & Leon right now with nothing in your hands, we can start working from a phone call. That said, the faster you can pull together a few key documents, a crash report number, your insurance card, and notes on where you were treated, the faster we can assess what your case is worth and what deadlines are already running.

What to Have Ready Before You Call a Personal Injury Lawyer in Hialeah

You can call Wolfson & Leon right now with nothing in your hands. We can start working from a phone call alone. That said, the faster you can pull together a few key documents, a crash report number, your insurance card, and notes on where you were treated, the faster we can assess what your case is worth and what deadlines are already running.

Can I really call with nothing in hand?

Yes. You do not need a single piece of paper to make that first call. What matters most are the facts in your head: the date, time, and location of the crash; what happened; who was involved; and where you went for medical care. People who wonder whether they even need a lawyer or if they should just deal with their own insurance are exactly who should call us first. Two deadlines start ticking immediately after a crash. Under Florida law, you must get initial medical treatment within 14 days or your PIP coverage pays nothing. And for injuries that occurred on or after March 24, 2023, you have two years to file a negligence lawsuit under Fla. Stat. § 95.11. Waiting until you gather documents could cost you coverage or your right to sue.

What do I need about the crash itself?

Your lawyer will ask for the basics: date, time, exact location (like the intersection of West 49th Street and Palm Avenue), which agency responded, and the crash report number. In Hialeah, crashes are usually handled by the Hialeah Police Department or the Florida Highway Patrol. You can look up or request your report through the Florida Crash Portal. Under Fla. Stat. § 316.066, that report stays confidential for 60 days except to the people involved, their insurers, and their attorneys. Once you hire us, we can get it directly. If your injury happened in a store or parking lot, ask the manager for an incident-report number before you leave. Drivers must exchange names, addresses, and vehicle registration information at the scene under Fla. Stat. § 316.062.

What insurance documents should I pull together?

Start with your own policy. Find your insurance ID card and the declarations page, especially the section on uninsured/underinsured motorist (UM/UIM) coverage. Florida’s no-fault system means your own PIP pays first, regardless of who caused the crash, per Fla. Stat. § 627.736(1)(a). UM coverage is optional under Fla. Stat. § 627.727, but if you have it, it may cover you if the other driver has no bodily injury insurance, which happens often in Miami-Dade. Next, gather the other driver’s insurance information exchanged at the scene: company name and policy number. If you’ve already filed a PIP claim, note the claim number and your adjuster’s name and contact. Remember: the adjuster works for the insurance company, not for you. You should notify your own insurer as your policy requires, but do not give a recorded statement or sign anything without a lawyer’s review.

What medical information does the attorney need?

The 14-day PIP treatment window is strict. Under Fla. Stat. § 627.736(1)(a), if you do not see a doctor within 14 days of the crash, your PIP pays nothing. If it has been fewer than 14 days and you have not yet been treated, go now, or call us immediately so we can help you decide next steps. Tell us where you were treated. In Hialeah, that’s often Hialeah Hospital or Palmetto General Hospital. You do not need your records in hand, just the provider names and dates of visits. Under Fla. Stat. § 456.057, doctors cannot release your records without your signed authorization, so we’ll send HIPAA release forms early. The records that matter include ER notes, discharge summaries, imaging (X-rays, MRIs), physical therapy records, and referrals to specialists.

What proof of lost income or out-of-pocket costs should I save?

Florida PIP covers 60 percent of your lost income, up to your policy limit, per Fla. Stat. § 627.736(1)(a). To support that claim, and any additional wage loss beyond PIP, you’ll need recent pay stubs covering pay periods before the crash. Ask your employer for a letter on company letterhead confirming the dates you missed. If you’re self-employed, keep tax returns and business records showing your average earnings and work you could not complete. Also save receipts for out-of-pocket costs: medical copays, prescriptions, crutches or braces, and transportation to appointments. Every receipt counts. Small expenses add up and show a clear pattern of losses tied to the crash.

What if the insurer has already sent me letters, checks, or forms?

Do not sign anything. Do not cash any check that includes release language. Once you sign a release, you likely cannot seek more money, even if your injuries worsen. Save every piece of correspondence untouched: settlement offer letters, checks with release terms (often printed on the back), requests for a recorded statement, and denial or coverage dispute letters. Insurers sometimes argue you did not go straight to the ER or try to assign partial fault to lower your payout. Having all their letters helps us push back. You should still notify your own insurer of the crash, that’s required by your policy, but do not give recorded statements or sign documents without legal advice.

What about photos, videos, and witness names?

Preserve what you can, now. Photograph all vehicles and damage, license plates, skid marks, road debris, traffic signals, and road conditions. Take pictures of your injuries the same day and in the following days, as bruising and swelling often develop later. For slip-and-fall cases, photograph the hazard (wet floor, cracked tile), the lack of warning signs, and the surrounding area. Save dashcam footage if you have it. Ask nearby businesses for traffic or surveillance video. Write down witness names and phone numbers. If witnesses left the scene, we may find them through the police report or by canvassing local shops. Photos and videos are strong evidence, but they are not guarantees. They simply help tell the true story of what happened.

Frequently asked questions

What happens if the other driver has no insurance in Florida?
If the at-fault driver has no bodily injury coverage, your own uninsured motorist (UM) coverage may apply, if you did not reject it in writing. UM is optional in Florida, but it can be left off a policy only by a written rejection. We can review your declarations page to see what options you have.

Do I need a lawyer if the accident was not my fault in Florida?
Even when fault seems clear, insurers often dispute injury severity, delay payments, or argue comparative negligence. A lawyer helps ensure you meet the 14-day PIP deadline, document lost wages correctly, and respond to lowball offers. Most serious injury claims benefit from legal guidance early.

Can a police report hurt my car accident claim?
A police report is one piece of evidence, not the final word. Officers arrive after the fact and rely on what drivers say at the scene. Errors happen. We use the report along with photos, witness statements, and medical records to build a complete picture.

How long do I have to file a personal injury claim in Florida?
For injuries that occurred on or after March 24, 2023, you have two years from the date of the crash to file a lawsuit under Fla. Stat. § 95.11. Different rules can apply to claims involving government vehicles, which require written notice to the agency before suing, or cruise ships, whose ticket contracts often set shorter deadlines.

I already filed a PIP claim. Is it too late to call a lawyer?
No. Filing a PIP claim is just the first step. Many injured people realize later that PIP does not cover pain, full wage loss, or future medical needs. A lawyer can still investigate fault, handle communications with multiple insurers, and protect your right to pursue further recovery.

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

  • A Florida crash report is confidential for 60 days after the crash except to the parties involved, their insurers, and their attorneys. Source: Fla. Stat. § 316.066
  • You must receive initial medical treatment within 14 days of the crash or your PIP coverage pays nothing, not reduced, nothing. Source: Fla. Stat. § 627.736(1)(a)
  • PIP pays 80 percent of reasonable medical bills and 60 percent of lost income, up to $10,000 if a doctor finds an emergency medical condition, or up to $2,500 if no emergency medical condition is found. Source: Fla. Stat. § 627.736(1)(a)
  • Uninsured/underinsured motorist coverage is optional in Florida and must be rejected in writing; it can pay when the at-fault driver carries no bodily injury coverage or too little of it. Source: Fla. Stat. § 627.727
  • Medical providers in Florida generally may not disclose a patient's records without a signed authorization or court order, which is why your attorney will ask you to sign a HIPAA release early in the process. Source: Fla. Stat. § 456.057

Frequently asked questions

What happens if the other driver has no insurance in Florida?

If the at-fault driver is uninsured, your own uninsured motorist (UM) coverage, if you have it, can step in to pay for injuries and damages that exceed what your PIP covers. Under Fla. Stat. § 627.727, UM coverage is optional in Florida, but it can be left off your policy only if it was rejected in writing. Check your declarations page: if you did not reject it in writing, you likely have it. If you have no UM coverage, other options may exist depending on the facts of your crash, call us and we will look at every available source.

Do I need a lawyer if the accident was not my fault in Florida?

Florida's no-fault system means your own PIP pays your initial medical bills and a portion of lost wages regardless of fault, so you may not feel an urgent need for a lawyer in a minor crash with no serious injuries. But if your medical bills are climbing toward or past the PIP cap, if the other driver's insurer is disputing fault or offering a settlement, or if your injuries may be permanent, an attorney can make a significant difference. The initial call costs you nothing and carries no obligation.

Can a police report hurt my car accident claim?

A crash report reflects the responding officer's observations and is an official government record, but it is not the final word on fault. Officers sometimes note preliminary fault assessments or citations that do not match the full picture. Under Fla. Stat. § 316.066, the report is confidential for 60 days except to the parties, their insurers, and their attorneys. If the report contains information that seems inaccurate, an attorney can gather additional evidence, witness statements, photos, dashcam footage, to provide the complete picture.

How long do I have to file a personal injury claim in Florida?

For injuries from crashes or falls that occurred on or after March 24, 2023, you generally have two years from the date of the incident to file a personal injury lawsuit under Fla. Stat. § 95.11. Missing that deadline almost certainly means losing the right to sue entirely. Two years can pass faster than it seems, especially when you are focused on treatment and recovery, so speaking with an attorney early protects your options.

I already filed a PIP claim. Is it too late to call a lawyer?

No. Filing a PIP claim with your own insurer is a normal and required first step, it does not affect your right to pursue additional compensation from an at-fault driver or through your UM coverage. Bring your PIP claim number and the name of your adjuster when you call; that information lets us review what has already been submitted and identify whether anything is missing or has been handled in a way that could affect the larger claim.

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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