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Why would a personal injury lawyer call me​?

By Lytal, Reiter, Smith, lvey & Fronrath

Home » Personal Injury Accident » Why would a personal injury lawyer call me​?

Usually because someone handed them your information, not because they found you on their own. And if the call is a lawyer offering to represent you in a personal injury case, that call breaks Florida Bar rules no matter how long ago the crash happened. Depending on the circumstances, it’s also a crime.

That doesn’t make every call from a law firm a scam, and a few explanations are perfectly ordinary. It’s worth knowing which is which before you decide what to do. If a call left you uneasy, a West Palm Beach personal injury lawyer you found and called yourself can tell you what you’re probably dealing with.

Lawyer making a phone call - Why would a personal injury lawyer call me?

How did they get your number?

Three routes account for most of these calls.

Lead generation sites

Search something like “can I get a settlement after someone hit me,” fill in a form to see the answer, and your contact information becomes a product. These sites sell the same lead to several firms, which is why one form can produce four calls.

Someone acting on your behalf

In the week after a crash, a spouse or parent may submit a contact form for you. It’s common enough that it’s the first thing worth ruling out.

Crash reports

Florida treats crash reports as confidential for 60 days specifically to prevent this. Anyone who requests one inside that window has to file a written sworn statement that the information “will not be used for any commercial solicitation of accident victims.” So a caller who reaches you days after a wreck, already knowing details you never gave anyone, is worth asking directly how they got your file.

Is it legal for a lawyer to cold-call you after an accident?

No, and the 30-day rule people often cite doesn’t change that.

Florida Bar Rule 4-7.18 says a lawyer may not contact a prospective client in person, by telephone, or through other real-time electronic contact when a significant motive is the lawyer’s own financial gain, unless you’re family, a current or former client, or someone with a prior professional relationship. There’s no waiting period after which a cold call becomes acceptable. The 30-day rule is a different rule: it’s how long a lawyer has to wait before sending unsolicited mail, email, or a text about a personal injury or wrongful death claim.

The criminal side goes even further. Under Florida’s insurance fraud statute, soliciting business from someone involved in a motor vehicle accident within 60 days, by any means other than general advertising, is a third-degree felony.

A lawyer or health care practitioner who solicits in person or by telephone at your home commits a third-degree felony even after those 60 days have passed. Soliciting with intent to defraud is a second-degree felony carrying a two-year minimum prison sentence. And separately, soliciting legal business (or feeding a lawyer leads from a hospital, police department, or wrecker service) is a first-degree misdemeanor.

When is a call from a law firm actually legitimate?

Several situations are ordinary and above board:

  • You or a family member submitted a form, online or at a hospital, and the firm is following up.
  • You’ve worked with the lawyer before, or you’re related to them.
  • A lawyer representing someone else involved in the same crash is contacting you about their client’s claim, not offering to represent you.

The tell is likely what the caller wants. A firm returning an inquiry can tell you where the inquiry came from. A Florida personal injury lawyer trying to sign you up on a call you never asked for is the situation the rules exist to prevent.

Who else calls after a car accident?

  • Adjusters for the other driver’s insurance company, usually asking for a recorded statement. That’s routine claims handling rather than a trick, but the statement becomes evidence, and you’re under no obligation to give one before you’ve had legal advice.
  • Marketers for chiropractic and imaging clinics, working from the same accident leads.
  • Funeral services, if the crash was fatal.
  • Scammers. The version aimed at families is a call telling an older relative that a child or grandchild has been in an accident and needs money immediately for bail or an ambulance.

What should you do about the call?

Don’t confirm details and don’t agree to anything while you’re on the phone. Hanging up is a complete answer.

If the caller asks for money, a Social Security number, or a payment method, it’s a scam. No legitimate law firm, hospital, or insurance company opens that way.

If the caller was a lawyer or someone working for one, you can file a complaint with The Florida Bar, which investigates and can discipline or disbar. If money changed hands, report it to local law enforcement and to the FTC.

Talk to a lawyer you choose

You have the right to pick your own attorney, and to take your time doing it. Eleven of the partners at Lytal, Reiter, Smith, Ivey & Fronrath are recognized as Super Lawyers, and the firm has represented injured people in Palm Beach County for more than 40 years. There’s no fee to talk with us, and you pay no attorney’s fees unless compensation is recovered. Call us at (561) 655-1990 or contact us online for a free consultation.

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