Archive for February, 2008

Triathlon Trial Lawyer Doug Landau reports that the triathlete who was killed while competing in Southwest Virginia has once again been vindicated by a jury’s verdict. While people unfamiliar with the sport of triathlon might have leapt to the conclusion that the racer was to blame for this crash, or had at least “assumed the risk of harm,” this second trial resulted in a verdict against the race director and sponsor only.
The second of two trials stemming from the June 2000 Blacksburg Virginia Triathlon resulted in a plaintiff’s verdict for the driver involved in that fatal crash. While there was evidence that the deceased cyclist ran the stop sign and crashed into (more…)

In a case from Middlesex County, New Jersey, a man and a woman riding on a motorcycle were injured when their bike was hit by a car that was swerving to avoid a horse in the roadway. The plaintiffs claimed the horse caused the bike crash. On May 16, 2004, the 59-year-old plaintiff, was riding as a passenger on a motorcycle driven by her 56-year-old husband and plaintiff,on Rte. 537 in North Hanover. The motorcycle was hit by car, and the bike crash caused significant personal injuries. The case was Carol Garland v. Irma Hallack and JDWF Inc., etc., Middlesex County Superior Court, Middlesex County, NJ, and resulted in $4,275,000 for the injured plaintiffs.

ABRAMS LANDAU has represented injured car crash victims, athletes in bike wrecks, the targets of animal attacks, scarred victims of dog bites and the survivors of multiple vehicle crashes. Sometimes there are several causes of a bike crash and the injuries sustained. For examples of cases handled by ABRAMS LANDAU, go to TheAthletesLawyer and go to “CASES.”  Virginia Trial Lawyer Doug Landau recommends injured victims of bike crashes get experienced legal counsel as soon as possible to protect their rights, investigate their claims and resolve any disputes within the time limits set by law.  In some bike crash cases, such as when a driver crashes into a biker intentionally, Virginia only has a ONE YEAR TIME LIMIT !

Sometimes things go smoothly, without the usual delays and stalling tactics many Insurance Companies resort to in order to avoid paying money due ABRAMS LANDAU, Ltd. clients whose cases the Landau Law Shop has won.

The following is the text of an actual fax received by our office. Only the names have been taken out to protect our injured and disabled client’s privacy.

ATTN: DIANA MEREDITH
Please be advised pursuant to your fax received on 11/07/2007, with regard to the above referenced claim, please be advised payment has been issued to Mr. G…
Reimbursement for parking fees for 6/21/07 and period of 8/21-10/18/07 in the amount of $21.25
Mileage reimbursement for the period 8/18-10/18/07—846 total miles x $.445/mile = $376.50

The mileage reimbursement rate changes periodically - for different years there may be different rates. At ABRAMS LANDAU, Ltd., we get reimbursement for our client for the expenses related to their medical care, INCLUDING mileage, parking and prescription reimbursements. Even if you have had a friend or family member drive you, you can still receive a check. And, in cases where our injured or disabled client cannot drive, we have been able to get cab fare reimbursement and even van service ! Doug Landau recognizes that when you have been hurt or disabled in a crash, job accident or from an occupational disease or illness, every little bit helps !

(PHOTO: Abrams Landau staff wishing Law Clerk Wilson Castellanos a safe trip to Columbia, South America. Dianna Meredith, who helped the injured worker get his check for mileage and parking, is in the middle, in pink. L->R: Beatrice Vargas, Lauren Holtzman, Wilson Castellanos, Dianna Meredith, Ferhana Ali, Doug Landau)
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A woman has won a lawsuit against the town of Blacksburg over a deadly triathlon accident back in 2000. Gary Wayne Taylor died when his bicycle hit a car at an unpatrolled intersection. The driver of the car, Sharon Knight, sued the town of Blacksburg and the race director. A fortnight ago, a Montgomery County, Virginia jury found her in favor, awarding her $350,000. Sharon Knight sued the City of Blacksburg on a governmental tort claim theory claiming that the director of the third annual Greater Blacksburg Triathlon negligently failed to warn passing motorists of the race course with the result that one of the participant cyclist who was participating in the triathlon ran into her car and was killed. Sharon Knight had sued the town and the director of the third annual Greater Blacksburg Triathlon, in the Circuit Court, Montgomery County, Virginia, claiming they were negligent in failing to warn passing motorists of the race course.

The victim’s family also won a similar lawsuit against the town. Triathlon participant Gary Taylor died midway through the June 18, 2000, competition after his bicycle crashed into Knight’s car. Knight has said that she saw Taylor run a stop sign before the collision. Attorneys for the town have said competitors were told before the race to follow all traffic signs and laws. In 2002, a jury found that the race director and the town were negligent in organizing the race and awarded $500,000 in damages to Taylor’s family. Triathlon Trial Lawyer Doug Landau notes that such catastrophic injuries are exceedingly rare in the sport of triathlon. For other triathlon and multisport related cases, please visit The Athletes Lawyer site.
(”Jury awards $350k in triathlon negligence lawsuit,” By the Associated Press, 2/10/08)

A Santa Rosa, California pedestrian who was badly injured and bitten by a bulldog has settled her lawsuit against the dog owner for $1 million.

The dog bite victim will receive $900,000. As California Law allows for loss of consortium and family members’ claims of emotional distress and other damages, the woman’s husband and two children will receive about $33,000 each. Virginia law is far more conservative, and the damages an injured plaintiff is allowed to recover are limited. Herndon Virginia lawyer Doug Landau notes that Virginia does not allow for spouses to sue in their own name for their mates’ injuries. The Virginia Trial Lawyer also points out that the various States have different laws on loss of consortium. Landau adds, that it is important to understand that the states’ laws on damages, as well as dog attacks, vary widely. Legal counsel experienced with dog attack and bite cases can help injured victims get fair compensation for their losses (more…)

College athletes are often in extraordinary physical shape. Herndon Trial Lawyer Doug Landau is continually amazed at their recuperative powers. The athletes represented by Doug Landau and the Virginia trial team at Abrams Landau and his father’s firm, Landau, Miller & Moran of New York City, have shown extraordinary healing capacity after horrific injury. The Triathlon Trial Lawyer will forever remember the brave and hard-working university and post-collegiate athletes he has been privileged to represent.

A recent case from Florida appears to be yet another remarkable case of recovery in the court and outside of the court house. In 2003, the plaintiff, then an 18-year-old baseball player at the school, was struck by the Defendant just outside a bar and grill on University Avenue. Unlike the Virginia Civil justice system, (more…)

The 13th Annual “Run For Shelter” will take place at the Loudoun County Fairgrounds in Leesburg, Virginia. Triathlon Trial Lawyer Doug Landau has successfully raced in this event which raises money for the Loudoun Abused Women’s Shelter (”LAWS”). There will be a Half-Marathon, a 5km. and a “kids run for the shelter” for children 10 and under. Landau will likely be lining up for the 5km. at 8:30, where he has medalled in the past. For additional details, please go to TheAthletesLawyer site and go to “Races.”

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Herndon injury lawyer Doug Landau hopes to see many familiar faces there walking, running and raising funds for this facility. Part of the race course has used the W&OD Trail, which passes right by the Abrams Landau, Ltd. office building in Herndon, at the 20 mile marker and caboose. It is possible to walk, run, skate, bike and roller blade on the W&OD trail to the staging area for this Northern Virginia sports event.  Shown here are Virginia Trial Lawyer Doug Landau, who prefers the 5km (3.1 mile) distance, his wife, who has run the LAWS Half-Marathon, and former Deputy Commissioner (now Judge) Gene Woolard after The Athletes Lawyer was runner-up in a cross country race.

Had you looked him up only a year ago on the Internet, you would have been met with a listing of race results or half-naked pictures of the TriathlonTrialLawyer ! Not only does Herndon lawyer Doug Landau NOT ADVERTISE, but he was virtually invisible on “the Net” - until now ! In addition to making the Abrams Landau, Ltd. web site easier to find and navigate, the Landau Law Shop has also been working hard at their newest sites: www.LandauInjuryLaw.com (for the latest Case results, updates in the Law and important announcements) and www.TheAthletesLawyer.com (for “Cases, Places, Races and Faces” for the athletic community.

Now, thanks to his inclusion in “SUPER LAWYERS,” “THE BEST LAWYERS IN AMERICA,” and other accolades, it is easier to find Doug Landau and find out about the Abrams Landau, Ltd. law firm in Herndon, Virginia. On the “SUPER LAWYERS” site, Douglas Landau is listed for the following categories:

Personal Injury,

Plaintiff: General,

Workers’ Compensation,

Personal Injury Plaintiff: Products (Liability)

The site and circulars note that Landau, of Abrams Landau Ltd., Herndon, was selected to Super Lawyers:
Washington, D.C. Super Lawyers 2007
Virginia Super Lawyers 2007
Virginia Super Lawyers 2006

Doug Landau is deeply grateful for the comments and praise his peers have generously bestowed upon him. He hopes to continue to to be worthy of these accolades. More importantly, Herndon Trial Lawyer Doug Landau hopes to be worthy of his clients’ trust, the Courts’ respect and the Abrams Landau staff’s continued loyalty and hard work.  Landau, with hope guiding him, looks forward to 2008 and beyond.

A recent note to the Virginia Trial Lawyers Workers Compensation section members stated, “the Virginia Workers Compensation Commission’s interpretation of ‘reasonable efforts’ is unreasonable.” Recent rulings against Virginia’s injured workers (more…)

Herndon Injury Lawyer Doug Landau reminds clients, prospective clients and other attorneys weekly, that in Virginia, an injured employee has a duty to “market” his or her residual work capacity. The law only says that such “marketing efforts” must be “reasonable.” And that is where things get tricky for the unwary…The Full Commission recently ruled against an injured worker who looked for work.But in this 1/29/2008 Virginia Workers Compensation Commission (”VWC”) Opinion, the majority found that he did not look enough. In the Opinion, the full Commission affirmed the Deputy Commissioner’s ruling that the claimant’s submitting of a list of 47 job contacts over the course of approximately 1 month, plus his testimony that such jobs were within his restrictions and limitations, was not sufficient to prove that he had adequately marketed.Specifically, the full Commission stated that “Although the claimant submitted a list of over 47 job contacts, missing from this list (more…)

Douglas K.W. Landau is admitted to practice in DC, VA, CT, FL, and NJ. Abrams Landau services clients in Washington DC, Pennsylvania, PA, Maryland, MD, Virginia, VA (including Northern Virginia, Fairfax county, Loudoun county, Herndon, Reston, and more), Connecticut, CT, Georgia, GA, Florida, FL, New Hampshire, NH, New York, NY, New Jersey, NJ, Maine, Massachusetts, MA, Rhode Island, RI, North Carolina, NC, and South Carolina, SC.

Information disseminated on this website is intended for informational purposes only and is not legal advice. This information is not intended to create an attorney-client or similar relationship. Please do not send us confidential information. Past successes cannot be an assurance of future success. Whether you need legal services and which lawyer you select are important decisions that should not be based solely upon this website. Please contact: Abrams Landau Ltd. at (703) 796-9555.