Here’s a common scenario: You were involved in a car accident in Florida and were personally contacted shortly afterward by a lawyer, a “case representative,” or someone else you didn’t previously know. And that person tells you they want to represent you in your injury case. Well, believe it or not, that person who contacted you might have committed a crime.
Florida law, under certain circumstances, prohibits the solicitation of accident victims. This practice is commonly known as ambulance chasing, and in some instances, it could be a crime.
In particular, Florida Statutes Section 817.234(8)(b) prohibits all persons, including attorneys, from soliciting car accident victims within 60 days following their car accident for the purpose of making an injury claim. This prohibition applies to any method of communication other than advertisements to the general public. Violation of this statute is a third-degree felony.
And Florida Statutes Section 817.234(8)(c) prohibits lawyers, health care practitioners, and owners or medical directors of a clinic, at any time after 60 days after a car accident, from soliciting car accident victims by making in-person or telephone contact at the person’s home for the purpose of making an injury claim. Violation of this statute is also a third-degree felony.
Depending on the Circumstances, Some Examples of Illegal or Improper Solicitation After a Florida Car Accident May Include:
- Unsolicited phone calls or “cold calls”
- Text messages sent directly to your phone
- Messages sent to you via social media
- Someone showing up at your home, a hospital room, or your workplace
- A person claiming they can “help you find a lawyer”
- Someone contacting you and offering to send you to doctors, clinics, chiropractors, or MRI facilities
Sometimes these things are done directly by a lawyer, other times indirectly through another person acting on the lawyer’s behalf. Either way, they could potentially be problematic, depending on the specific circumstances of the communication.
What If You Already Signed With a Lawyer Who Illegally Solicited You?
If you were illegally solicited after your Florida car accident, you should know that you are not permanently stuck with the lawyer you signed up with:
- You can change lawyers
- You do not have to stay with someone you don’t trust
- Your case can be transferred smoothly and lawfully to another firm
Ethical Lawyers Do Not Chase Clients
Reputable law firms do not:
- Cold call accident victims
- Send “case scouts” or runners
- Promise quick money
At our firm, we know how important your accident case can be to your livelihood and well-being. We strive to gain your trust through our actions, and we depend on our reputation, experience, and ethical practices to convince people that we are the right firm to hire after their Florida car accident.
Frequently Asked Questions (FAQ)
Is it illegal for a lawyer to contact me after a car accident?
Generally, lawyers and their agents cannot contact you within the first 60 days after your car accident. Florida law prohibits lawyers and their agents from soliciting accident victims through unsolicited contact.
What if the person contacting me wasn’t a lawyer?
That still may be illegal. Solicitation through a third party (a runner, marketer, or “helper”) is often treated the same as direct solicitation by a lawyer, especially within the first 60 days after the car accident.
Can I switch lawyers if I’m not happy?
Absolutely. You have the right to change lawyers for any reason you deem appropriate.
Will it cost me more money to switch firms?
In many cases, no, switching firms costs you nothing. The lawyers in car accident cases typically work on a contingency fee basis, but that does not mean that you pay a higher contingency fee just because you change lawyers. The contingency fee typically remains the same.
Contact our office today for a free consultation
If you are unhappy with your current attorney, or if you now realize you were contacted improperly by an attorney, you have the right to change lawyers. Our office is frequently retained by clients who are unsatisfied, for whatever reason, with their prior attorney. We are happy to discuss the circumstances of your accident case with you.
Call our office today at (954) 833-1440 for a free consultation.