Landau Injury Law

They can.  And they will.   Doug Landau recently settled a case for a woman who was followed, filmed and subject to surveillance after falling at the coffee shop where she had worked.  The insurance company not only learned her whereabouts in connection with her claim, but also her activities in conjunction with her handicapped son’s medical care.  The insurance company for her former employer hired private investigators to follow this middle-aged woman.  The undercover private eyes filmed Herndon Reston area injury lawyer Landau’s client doing what ?  What was the activity they “caught her doing” that wascontrary to her doctors’ orders and her allegations of disability ?             .         .          .          .                                                                                 .Doug Landau’s client, a single mother, was filmed pushing her son out of the hospital in a wheelchair !  And then she was followed, and filmed bringing her son food to eat.   The trial team at ABRAMS LANDAU presented her case and won it, despite the insurance company’s efforts and evidence.  The judge agreed with Mr. Landau that a mother sometimes has to do what a mother has to do, and that her other medical evidence and exhibits proved her case.   [Shown here are, L-R, Beatriz Vargas, Doug Landau, Diana Meredith and our happy client after receipt of the winning decision in the conference room at ABRAMS LANDAU, Ltd.]

In a word, “yes.”  In Virginia, it is permissable to “stack” medpay insurance benefits.  In other words, if there are seveal cars in your  household, and you are involved in a terrible crash and injure your head or break your leg, you may be able to collect not only the medpay insurance benefits on your car, but your spouse and son or daughter’s as well.  In one case Doug Landau handled for a young girl from Kinsale Virginiaa, he “stacked” 4 different medpay policies together to collect $16,000.00 before he ever filed the liability (negligence) claim !Herndon Reston area injury lawyer Landau collected the $1,000 medpay policy on the car in which his innocent teenage client was a passenger.  She was riding with a friend when the Defendant Driver crashed into another car in Warsaw, Virginia.  Injury and disability lawyer Landau also collected under 3 separate policies from his young client’s family’s household.  Her mother, father and grandfather all lived with her, had their own automobiles, and had $5,000 each in medpay coverage.  Landau later settled her negligence claim with a lump sum and  structured settlement that paid the young woman a tax-free, guaranteed income over a number of years.  

The short answer is “yes,”  you can collect medpay if you are injured at a store, office building or home.  Medpay is short for “Medical Payments” insurance, which generally covers medical bills incurred, by someone legally on the property, who is hurt, up to the limit of the insurance.  So, if a client slips, falls, and cracks his skull because the Defendant Store had a leaky roof that dripped water for years and froze in the winter, the client could collect on the medpay insurance.  If the store had a $5,000 medpay policy, he could collect those funds, generally for bills that were reasonable, related to this accident and not the product of over treatment.  Usually such medpay (or “no fault” policies) require that payments be made only for medical bills incurred within a year of the accident.  This type of policy comes in very handy for clients who have no health insurance.  It is also great “Public Relations” for the store and saves them from many lawsuits.  The managers on duty typically run up and say, “It’s OK, we’ll pay for your medical care.”  They do not say, however, that there are monetary and time limits.  Private homes and officve buildings can also have “medpay coverage.”  So if you, or someone you know is injured due to a dangerous or defective building, store or home, please call us at ABRAMS LANDAU, Ltd.  We can investigate not only the liability claim to determine fault but there may also be medpay or other “no fault” type coverages available to help get you back on the road to recovery.

In this day and age where the court reporters tape record (and may even videotape) a deposition, it seems that their transcripts will be extremely accurate.  Furthermore, Court Reporters ask for spellings and corrections during the proceedings if they are unsure what they heard, wrote down or repeated into their recording devices.  So, while the deponent (the person being asked the questions at the deposition) has the right to read and then sign off on the corrected transcript of their pre-trial testimony, such action is usually waived.  If it is not waived, as may be the case when a technical expert is giving an Examination Before Trial (”EBT”, which is what a deposition is called in some other jurisdictions), there may be a need to later go to the Court Reporters’ offices, read over the transcript, correct errors in technical language and spellings and then sign, under oath, the corrected version.  Of course, if there is any variance in the testimony at trial with the transcript, it makes for sure fodder for opposing counsel’s cross examination.  Thus, in depositions of lay (non expert) witnesses, counsel usually recommends that they “waive reading and signing.” in order to save their time, money and later cross examination.

It’s not because he talks slowly.  When you first meet Herndon Reston area injury lawyer Doug Landau of the ABRAMS LANDAU, Ltd. law firm, you have to “listen quickly” !   The reason the first visit is scheduled for a long time, is because we try to learn as much as possible about our clients and their cases.  We like to give them back their original documents by making copies then and there, and we also like them to have copies of documents that are signed at the initial meeting.  We also try to generate correspondence to the Court, the opposing party, the insurance company and even the doctors at that first appointment.  We find it is best if the client has a letter that they can take to their treating doctor with the important questions spelled out and a request for medical records contained with a valid release.   It is especially important for Doug Landau to give new clients something tangible in their hands at that very first meeting that shows what we are doing and how we are trying to do it for them.  And, because injury lawyer Landau talks quickly because he is so passionate about helping his clients, it’s nice to get many of his recommendations in writing to read over again later !  Shown here is Lauren Holtzman in the ABRAMS LANAU, Ltd. conference room, where many “first meetings” take place.  We also accommodate clients by meeting in the parlor, upstairs in the attorney offices or even outside on our rocking chairs and porch !

The Virginia Workers Compensation Commission ruled this week that our client, a Barista who slipped and fell on wet mats her first week at work, did not refuse to have medically necessary surgery.  While Doug Landau won her original claim, securing significant wage loss and medical benefits, because it had been so long before this injured single mother got her winning decision, she eventually lost her home.  When the doctors recommended she undergo a total knee replacement surgery, the insurance company seized the opportunity to cut off benefits when the client, who had no home, could not schedule the operation because she and her son had nowhere to go to recuperate safely.  The insurance company’s lawyers took the position that the injured worker “must have surgery in order to cure a refusal” of necessary, reasonable and authorized medical care.   As the treating orthopedic surgeon agreed that his patient needed adequate housing so as to avoid post-surgical complications, the Deputy Commissioner found in favor of the disabled worker.  The judge wrote, “we find under the circumstances the claimant’s refusal to undergo surgery at this time is justified.”  The claimant’s benefits were reinstated, retroactively to the date the insurance company filed papers to cut her off.

Doug Landau shown here at the hearing room where oral argument for Reviews (appeals) are heard by the Full Commission. After a workers comp claim is heard in Virginia by a Deputy Commissioner, BOTH sides have the right to ask for a “review.” A Review is an appeal to the Full Commission where 3 Commissioners review the case to see if the judge below made a mistake of law. Herndon Reston trial attorney Doug Landau regularly goes down to Richmond to review files, meet with VWCC staff, file exhibits and evidence, and investigate claims.

The Town of Herndon PARKING sign in front of our building includes the following symbols:

1. The Gavel:  The Courthouse is nearby

2. The Wheelchair:  Handicapp accessible parking is nearby

3. The Book: The Library (the Herndon Fortnightly Public Library) is nearby

4. The Town Hall:  The new (and old) Herndon Municipal Centers are nearby.

(Not on the sign is the fact that Great Harvest Bakery is also nearby, and they, like Doug Landau, give free samples !)

Sports and brain injury lawyer Doug Landau is asked how can there be a brain injury after a crash if a helmut was worn and there was no blood or skull fracture.  The “TriathlonTrialLawyer” advises that this can be due to what is known as “coup/contracoup” and subdural hematoma.

Contracoup Brain Injury: A specific area of brain injury located directly opposite to the site of impact to the head that results from linear violent collisions of the brain with the skull.  In other words, the brain, surrounded by fluid, moves through the fluid and strikes the inside surface of the hard, unyielding skull.  Brain injury lawyer Doug Landau points out that this “internal impact” can cause a “bruise” or hematoma on the surface of the brain.  Experienced cyclist and sports injury trial lawyer Landau adds that this “inside impact” can then lead to swelling and other symptoms.  The brain can swell, but the skull in adults, does not get bigger after a bike crash or car accident.  Landau and the trial team at Abrams Landau have seen examples where the brain swelling in this fixed, finite space, can lead to headaches and more serious consequences after a seemingly innocuous head injury.

Anyone who has seen Doug Landau teach, interact at the office or at Bar functions knows that the Herndon – Reston area trial lawyer does not stick to the somber, boring colors associated with his profession.  Landau notes that while it is important to dress conservatively for Court, around the office and on the podium, wearing colors is his rule, rather than the exception.

The ABRAMS LANDAU personal injury trial attorney is shown here with Mrs. Rasmussen at the VTLA Annual Convention.  Landau and his family had taken part in the charity fundraiser “Bowling for Bruce.”  This fun family fundrasing event was set up in memory of her late husband and Stalwart Virginia Trial Lawyer Bruce Rasmussen.  It was Bruce Rasmussen of the Michie, Hamlett, Rasmussen & Tweel firm in Charlottesville who got Doug Landau on the Annual Convention Committee and in charge of the sporting events, which now include: skeet shooting competition, running race, tennis round robin and golf tournament.  Bruce Rasmussen was also a frequent lecturer and contributer to VTLA, ATLA (now AAJ) and other victims rights and trial advocacy groups.  Bruce is missed by us all.  He was the consummate trial lawyer and a wonderful friend and mentor.