Landau Injury Law

Sometimes being a “Super Lawyer” isn’t so super. Doug Landau has the unhappy task of advising potential clients that they cannot sue a co-worker, even for negligence, if the case comes about as the result of a work-related event. Likewise, the Herndon Trial Lawyer has also advised people that they have no worker comp claim because the injury at work did not “arise out of and in the course of their employment” as required under the Virginia Workers Compensation Act. How can this be so if they were hurt at their workplace, or by a co-worker or while “on the clock” ???

The Supreme Court of Virginia ruled this month that in a negligence action to recover damages for personal injury and death resulting from an assault on the victim by a fellow employee, the trial court erred in concluding that the Virginia Worker’s Compensation Act provided the exclusive remedy for the claims.  Because Virginia is not governed by the “positional risk test,” merely being at the job site or “on the clock” does not mean that comp benefits will be awarded. Herndon Trial Lawyer Doug Landau explains that the Commonwealth uses the “actual risk test,” such that the injury must be the result of some activity that “arises out of the employment” and not just “in the course of” the work being done.

In the case of Hilton v. Martin, (#070091, 01/11/2008 ) one member of an EMS unit took out the electric cardiac shocker paddles and “shocked” another team member as they were returning in their ambulance to the station. The woman electrified by the Defendant eventually died (more…)

On December 21st, the Virginia Workers Compensation Commission ordered Zurich American Insurance Company to pay Tidewater Orthopaedic Associates the full amount of their bills for the treatment of Doug Landau’s West Virginia clients.  The orthopedic doctors’ charges totaled $10,071.78.  The insurance company only offered to pay a fraction of the cost of treating Mr. Landau’s client, whose foot was crushed on the job.  What is more, this ruling comes over 2 years after the initial treatment !  In Workers Compensation cases, insurance companies save their money by only sending partial payments after much delay.

The sad part of this story is that many doctors allow the insurance companies to get away with this conduct.  They do not know that they can (more…)

Why do we see Super Lawyer Doug Landau sitting OUTSIDE on the rocking chairs with clients, co-counsel and computers on the porch ? . . .
[CAPTION: Doug Landau enjoying the unusually warm January weather with Fairfax co- counsel Ed Weiner on his right, and Reston co-counsel (and substitute Judge) Steve Garver on his left. Note the open door and rocking chairs behind them ! . . .
When the weather is good, clients enjoy sitting outside on the wraparound porch at the Landau Law Shop. Their children like the porch swing and toys in the parlor, and the Herndon track and cross country teams go running by in the afternoons en route to Great Harvest Brad bakery for the free samples ! Because the nearly 130-year-old building has modern computer technology and equipment, the Abrams Landau trial team’s laptop computers work outside as well as inside ! When other lawyers and judges visit, they, too, like to sit outside and admire the Downtown Historic District of Herndon. While clients who need to smoke, who are claustrophobic and who have Turrets Syndrome all welcome the availability of meeting outside, other clients find the rocking therapeutic for sore knee joints and ankles. Unlike so many law firms that stand on ceremony and fancy airs, the Landau Law Shop wants clients to be comfortable. As Herndon Super Lawyer Doug Landau often says, “We are friendly, not fancy.” The recent record-setting temperatures in January have enabled clients, lawyers, doctors and others visiting the Landau Law Shop to enjoy rocking on the porch while getting business done in a unique setting.

Thanks to college students from Virginia Tech, you will be able to see and hear from Doug Landau.  Using “You-Tube” technology, Herndon’s own “Super Lawyer” was filmed and recorded at the “Landau Law Shop” for use on this and other related sites.  Doug Landau hopes that this will enable out-of-state clients of Abrams Landau, Ltd.  to “meet” and get to know him before they ever set foot in the office.  Stay tuned – more developments and improvements are on the way !

Top law firms from all over Virginia have called on Doug Landau to help them with the settlements of their clients’ personal injury and related workers comp claims. Because Super Lawyer Landau has successfully settled both kinds of cases at Mediation, he is able to explain the complex law that controls how the workers compensation “lien” (like an “I.O.U.”) is paid back under Virginia law.

At Abrams Landau, it is important that our clients know their options and (more…)

In a case for a Rhode Island client who was injured while making a delivery in Virginia, Herndon Super Lawyer Doug Landau successfully settled the personal injury case against the store and also reduced the workers comp lien (“IOU”) of over $50,000. The Abrams Landau team also assisted with the client’s successful Social Security Disability case and other car accident claims in Massachusetts and Connecticut ! The client structured much of the settlement so that he and his wife could look forward to a long-term guaranteed, tax free monthly income. (more…)

Upcoming (FREE !) Medical Presentation on “Treating Common Sports Injuries” Ask the Experts

Who doesn’t like free medical advice ?  In an effort to continue to keep clients and co-counsel up to date on the latest developments in medicine AND the law, Triathlon Trial Lawyer Doug Landau wants you to know that the INOVA Hospital System is sponsoring another FREE seminar for the public this month.  Herndon lawyer Doug Landau has

(more…)

The Supreme Court of Virginia helps prepare new trial judges for their duties in court.  The Educational Services Department of the Supreme Court has once again asked Herndon Super Lawyer Doug Landau to assist in the New Judges’ Training.  Mr. Landau has participated in mock trials for both Circuit Court Judges and General District Court Judges from around the state. 

 The 2008 Pre-Bench Orientation Program, includes mock trials for our new circuit and general district court judges.  Mr. Landau has presented negligence and slip an fall cases to the judges in the past.  These personal injury cases require the new judges to make “on the spot” rulings, and they are graded by Senior Reviewing Judges who have been in the bench for many years.  The mock trials will be conducted in Richmond-area courts April 10, 2008. 

Abrams Landau lawyer Doug Landau says that participation in these trials helps to sharpen trial skills for both the judges an the lawyers.  While this Herndon Super Lawyer does not need the Continuing Legal Education credits that are offered to participating lawyers, he always learns something new from the Senior Supervising Judges who are present for each trial to help the newly elected Judges “learn the ropes” after donning their robes !  

As he approached the end of the Eagleman Half Ironman Triathlon bike course, with the finish line in sight, our client was struck broad side by a motorist who just could not wait…

The Eagleman Half Iron Man Triathlon has competitors from all over the world and is one of the top races in the country. The race sells out almost as soon as registration opens, and many athletes plan their season around this popular and challenging event. There were ample volunteers, and the Columbia Triathlon Association (CTA) does a wonderful job of (more…)