Archive for January, 2008
Home Improvements ?
For injured workers ?
Is Landau fore real ?
Injured workers under comp Awards are eligible for medical, wage loss and medication benefits. But there are many other types of benefits available according to Herndon Lawyer Doug Landau. Abrams Landau clients have benefited from the experience and teamwork of the workers comp team at the “Law Shop.”
Virginia “Super Lawyer” Doug Landau had the opportunity to make one of his famous “home visits” to a brain injured young client. Abrams Landau’s trial lawyer triathlete made a weekend visit to this profoundly disabled client at his home. The client’s Spotsylvania home was on the race course of the Triathlon Trial Lawyer’s last Virginia Triathlon Series event ! This Abrams Landau client suffered multiple orthopedic and traumatic brain injuries when he fell from a bridge construction site. Doug Landau tried the case successfully in Warrenton as the original accident and brain injury occurred in Culpeper. This 38-year-old Abrams Landau client has received over $150,000 in wage loss benefits, and his mother was paid over $12,000 for caring for her brain injured adult son.
So, how did Herndon Lawyer Doug Landau’s brain injured client get the new home improvements ? (more…)
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Distracted drivers cause deadly accidents. When Herndon Lawyer Doug Landau examines defendant drivers in car accident cases, the Abrams Landau trial attorney usually asks about distractions. In searching for evidence to prove negligence, Landau asks about the “new technology.” The Herndon “Super Lawyer” inquires about the use of cellphones, iPhones, iPods, Palm Pilots, Blackberries and other PDAs. Radios, CD players, Air Conditioner, Heater, Defroster - all these things can occupy a driver’s attention when they need to be focusing on the road and traffic. Likewise, Herndon Lawyer Doug Landau has learned, “older” technologies can also be a problem. CB radios, 8-track players, cassette tapes, can also be distractions to drivers. If you receive an important call or need to adjust technology in your car - PULL OVER ! It’s not worth an accident.
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The Town of Herndon has some wonderful facilities according to trial lawyer Doug Landau. The Town Council Chambers also serve as a Courtroom on Wednesday mornings. The Fairfax County General District Court convenes in Herndon. Traffic tickets and misdemeanors are heard by judges who come to the Town of Herndon along with deputies, cashiers and bailiffs. The courtroom had many modern trappings, including microphones, cameras, drop down screen, handicap accessible and even a jail cell ! Abrams Landau has tried cases in this courtroom. In addition, Herndon Lawyer Doug Landau has used the facility for “Alternate Dispute Resolution” (also called “ADR”) of a variety of Negligence and Workers Compensation cases. The ADR modalities the Abrams Landau trial team use to help injured clients and their families include Mediation, Arbitration and Early Neutral Evaluation. The Landau Law Shop is located only 2 blocks from the Herndon Courthouse. There is free covered parking according to Landau, and it is connected to the Herndon Library and Town Hall. Often, Abrams Landau clients park at the Town of Herndon Municipal Center. The Landau Law Shop pays for parking spaces in the Town of Herndon’s shared parking program. Doug Landau recommends that you stop by and visit this little-known aspect of the Town of Herndon’s services. Shown inside the Herndon Courtroom, Maryland Co-Counsel Ken Annis is shown using the drop down screen to prove an Abrams Landau client’s location when he was injured in a golf course accident. Shown outside the Herndon Courthouse, Abrams Landau staff members pose in front of the weekly Wednesday morning sign.
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| Allstate Sits on Documents Allegedly Tied to Profit Scheme |
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| Abrams Landau clients, especially those in the “Sunshine State,” might be interested to learn that Florida insurance regulators have ordered Allstate to stop selling new auto insurance policies in that state because the insurer has refused to turn over documents detailing how the company sets rates and pays claims. Herndon lawyer Doug Landau points out that insurance companies make money by collecting premiums and then investing that money profitably. If the insurance companies then can delay paying claims, and keep the money invested longer, then they can make more money, explains Virginia Trial Lawyer Landau. The documents in question allegedly show a plan, developed by consulting company McKinsey & Co., for insurers to increase profitability by decreasing and delaying claims payments. Allstate is also paying a $25,000-a-day fine in Missouri for violating a court order to turn over the same documents. Beatrice E. Garcia, Miami Herald 01/17/2008 |
| Read Article: Miami Herald |
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Richmond Magazine published a special Super Lawyer Section. Surprising even the Herndon Trial Lawyer himself, Doug Landau was selected as one of the “TOP VIRGINIA LAWYERS.” The Herndon Lawyer received an e-mail this week notifying him of the honor. While “TriathlonTrialLawyer” Landau has not seen the magazine, he hopes that one of his friends, family members, opponents or clients will send him a copy so he can see what all the fuss is about !
The Staff of the Landau Law Shop in Herndon congratulates Doug Landau on being recognized by Richmond Magazine as one of the Top Virginia Lawyers !
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Herndon Lawyer Doug Landau recently advised several experienced comp attorneys that when an injured worker is “undocumented,” then he or she cannot receive disability benefits during partial disability. Virginia Trial Lawyer Landau explains that an undocumented worker CAN get a weekly benefits check while on TOTAL Disability. Furthermore, the Landau Law Shop’s founder pointed out that they CAN get checks for PERMANENCY to specific parts of the body.
But, Landau added, undocumented workers cannot get wage loss compensation once released to light duty work by the doctor. This is because they cannot legally “Market their remaining work capacity.” Herndon Trial Lawyer Doug Landau explains that since they cannot “Legally Market” the wage loss is due to their status, rather than their injury. That is why insurance companies will not spend the money to re-train, vocationally rehabilitate, educate or even attempt to place undocumented workers. The Workers Compensation Trial Team at Abrams Landau counsels it is important to have an “off work” note from the doctor in order to get comp benefits. Once released to light duty work, it is vital that undocumented workers find employment that they can do without making their condition worse, because they will not receive a comp check once released, even though their employer paid FULL PREMIUMS to the Insurance Company.
Herndon Lawyer Doug Landau has yet to see an insurance company refund an employer when it turned out they did not have to pay full benefits because of the worker’s immigration status !
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USAT All-American Sprint and Olympic Distance Triathlon Trial Lawyer Doug Landau had an excellent year in Courts with his cases and on the courses at the races. With the conclusion of the Triathlon season, the results of the competitive state-wide Virginia Triathlon Series have been published. In order to win series awards, multisport athletes like Herndon Lawyer Doug Landau had to race in at least four races. Their race times were compared to other competitors, and points awarded based upon: the difficulty of the race, the distance, the number of competitors and winning times. Virginia Trial Lawyer Landau won his age group outright at races in Lynchburg and Reston. The overall Virginia Triathlon Series (“VTS”) standings can be found at:
http://www.setupevents.com/files/VTS_Standings_07.html
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A report released Thursday by a consumer activist group accuses the insurance industry of overcharging policyholders and undercutting payments on claims. The report, released by the Consumer Federation of America, says that record profits for insurers can be traced to a systematic strategy of raising premiums, reducing coverage and underpaying claims. Virginia multi-state Lawyer Doug Landau echoes this observation. Frequently this Herndon Super Lawyer shows injured clients and their family members that,
“What the insurance company gives you in the LARGE PRINT at the beginning of the policy, it often takes away in the SMALL PRINT at the back of the insurance contract.”
In addition, the members of the Landau Law Shop litigation teams have seen a “trend toward delay, obfuscation and selling policies that provide inadequate coverage for the families, small businesses and professionals” who regularly consult one of “The Best Lawyers In America” from all over the country. Abrams Landau, Ltd. regularly review insurance contracts for clients and co-counsel, something many lawyers unfortunately leave to the end of a case. The Landau law firm asks clients to bring in to the office in Herndon every insurance policy that may be applicable to an accident, loss or disability so that we can see what benefits may be available to them and their family members.
The Consumer Federation of America’s report said insurers paid out about 55 cents in benefits from each premium dollar collected in 2007.From 1987 to 2005, insurers’ pay-out ratio was at least 60 cents, and in some years as much as 75 cents, (more…)
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Callers to the Landau Law Shop are routinely under the mistaken impression that if they are disabled from their job they will get a comp check. Lawyers who call the Abrams Landau team commonly make this mistake as well. In fact, under Virginia law, unless you are hospitalized, in a coma or bedridden, the Compensation Commission will expect written proof that you have been “marketing.”
Herndon trial lawyer Doug Landau regularly reminds clients and counsel that if an injured worker cannot show sufficient proof of marketing while partially disabled, then weekly wage loss compensation will be denied. This Virginia Trial Lawyer explains to prospective clients that this is an area of the law that is a “trap for the unwary.” Lawyers who do NOT regularly represent worker comp claimants, often fail to advise them of the importance of “marketing.” Failure to show (and document) regular and consistent job search efforts will usually lead to the denial of Temporary Partial Disability (“TPD”) wage loss benefits.
On January 11th, 2008, the Supreme Court of Virginia reversed Commission and Court of Appeals decisions in favor of an employee, finding that the Awards were not based upon evidence that the injured worker made a reasonable effort to market (more…)
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Riding with his buddies on a tertiary road in Reston, Virginia, a young cyclist was suddenly writhing in pain on the pavement, struck by an inexperienced driver who was confused by the sight of the peloton. His leg was shattered and his top of the line bicycle was crushed. His mates stopped immediately, shocked by this peloton injury. He was lucky he was not more seriously injured; he was wearing his helmet and there was no brain injury, head trauma, concussion or loss of consciousness associated with traumatic brain injury (”tbi”). Peloton accidents such as this, even though not the fault of any cyclist, are unhappy reminders of why we must always wear helmets when riding our road bikes, mountain bikes, tri bikes and track bikes.
The driver gave no warning. There was no honking of her horn. There was no flashing of lights. There was no calling out or other audible or visual warning. After his discharge from the hospital, the Reston bicycle rider, tired of getting the insurance company runaround and realizing that his injuries were permanent, called experienced legal counsel for his personal injury case. (more…)
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