Landau Injury Law

The law firm of ABRAMS LANDAU, Ltd. has been apprised of another instance of an insurance defense lawyer misidentifying himself to a client’s treating doctor in order to get information that may be confidential, private and/or irrelevant to the case.   While there are ethical rules governing lawyer conduct, Doug Landau has seen the Virginia Workers Compensation Commission’s reluctance to take forceful action in the face of dishonorable conduct.  In a recent case, a doctor advised our office that a lawyer identified himself as being the “lawyer for the case,” and the lawyer for the injured worker.   Both of these assertions were false.  After the doctor mentioned some things and answered questions, the other lawyer lowered the boom.  We have even seen insurance defense lawyers cross state boundaries in order to interrogate the claimant and their spouse’s family doctor by this same stratagem.

So, be forewarned.  Tell your doctor WHO YOUR LAWYER IS, and that they do NOT have your permission to talk with anyone else.  If the insurance company, their nurse, lawyer, case manager, adjuster, etc., have questions, they can put them in writing, so that everyone can see.  Doing things “behind closed doors,” or “behind everyone’s backs,” (especially the patient’s), does no good for the medical care or the case.  If you are a client of ABRAMS LANDAU, Ltd., PLEASE TELL YOUR DOCTOR TODAY.  They do not have to speak to anyone from the other side outside of your presence, and you should not give them permission to do so.  If you have questions on how to deal with the sharp practices of insurance defense counsel, the carrier’s nurses or TPA’s claims adjusters, please call us at ABRAMS LANDAU today.

Despite the workers comp insurance company’s delay, Doug Landau was able to successfully settle a Radford area client’s slip and fall case for $117,300 after filing suit in the Loudoun County Circuit Court.

FACTS: The Plaintiff had finished his morning’s work. He headed to the men’s bathroom before going on to lunch. He had no warning that the floor was wet, and, as he stepped into the bathroom he slipped and crashed down onto the wet floor, twisting his right knee and causing a contusion to his right shoulder.

There was a cautionary “Wet Floor“ sign (more…)

When I first moved to Virginia from New Jersey, I was lucky enough to be taken in by Bernard Cohen, and extraordinary trial lawyer from Alexandria, Virginia. Bernard, “Bernie” to his friends and family, was not only one of Old Town’s legal elite, he also served in the Virginia legislature for many years, looking out for the interests of injured victims, their families and counsel. It was his son’s wedding that I rushed from the Columbia (MARYLAND !) Triathlon finish line to make at noon, in Spotsylvania ! We have been close ever since I spent time at his lovely family’s home in 1982 before finding a place of my own.

Bernie has been in the news lately, as one of his famous clients passed away. Mildred Loving, of the U. S. Supreme Court case “Loving vs. Virginia,” passed away. That case was one of Bernie’s many great triumphs. It was also a case I studied that year in Constitutional Law. Overturning the law that forbade Mr. Loving from marrying and living with his wife in the Commonwealth in the 1960s was made into a terrific movie, “The Lovings of Virginia.” I recommend that you see it, as it is about a law that existed not too long ago, that today most Americans would be surprised to know was enforced by jail and criminal prosecution. Overturning the miscegenation law forever united Bernie Cohen and the Lovings. We are all saddened by her passing and send condolences to her family.

The Columbia Triathlon is another example of how I try to always combine friends, family, sports and the law.

This Olympic Distance race is one of the most competitive in the United States. The course included a cold mile lake around an island (so you could not see the finish until later in that leg of the race); a 26 mile bike ride over a hilly, challenging course; and then a 6.2 mile “rolling” run, with several steep hills. I improved over 6 minutes from my 2003 time with a 2:27:34, finishing 191st overall, out of over 1,900 finishers (and 2,500 starters). Here I am about to pump my tires before the race begins. (more…)

Here are some reasons Herndon Reston area injury lawyer Doug Landau or ABRAMS LANDAU, Ltd. may advise a client that it is in their interests to enter a compromise settlement rather than risk a jury trial: 1. Time - you get compensation faster,2. Cost - you save on the expenses of trial,3. Emotional cost - you eliminate the uncertainty of trial,4. Patient-Physician relationship not subject to cross-examination, in public, causing your doctor to have doubts or unpleasantness,5. Privacy - “What happens in Vegas stays in Vegas,” but what comes out in discovery or Court, does not always “stay put,”6. A jury may award you less,7. A jury may award you nothing,8. A judge may take away the jury’s verdict,9. The Defense may appeal the verdict, causing more time loss, expense and stress,10.  If the defendant or insurance company goes into bankruptcy, the proceedings are stayed and there is often more delay.

Doug Landau, the “TriathlonTrialLawyer” enjoys competing in races all over the world.  The ABRAMS LANDAU trial attorney has represented injured athletes from all over the country. Landau also puts on small sporting events and volunteers at larger competitions each year.  In June, he will be heading to Lakeville, located in Litchfield County,in the NorthWest corner of Connecticut for his 30th high school reunion.  Like his classmate, and legislator Andrew Roraback, Doug has also been a member of the Litchfield County Bar Association for over 20 years.  While he has many duties as part of this class’s record setting Reunion Committee, he enjoys helping with the annual “Reunion Run,”  usually held on the school’s picturesque cross country and gold courses.  Here Landau (’78) is shown in 2006 after helping out Math Instructor Charlie Bell during an “off” year.  

On the evening of December 4, 2006, after working overtime, our client pulled into the dimly lit parking lot of the Defendant’s grocery store in Old Town Alexandria, Virginia. A pothole (at least a foot-and-a-half wide) was between the space in which she parked and the handicap parking space next to it, near the sidewalk at front of the store. Hidden in the darkness, it caught her foot and threw her into the car parked next to her.  Herndon - Reston area injury lawyer Doug Landau took pictures and measurements with the claimant and co-counsel Tom Curcio of Alexandria shortly after this accident occurred. [Shown here: ABRAMS LANDAU’s Lauren Holtzman & Beatriz Vargas with a gift basket from the happy client.]

Early investigation is critical to building the liability case. There were no signs or warnings to alert customers of this latent hazard. Most importantly, the pothole was located (more…)

This important concept explains both short and long term neurologic deficits in patients whose trauma did not produce either contusions, hemorrhages or lacerations sufficient to account for the deficits. Frequently, the latter lesions are minimal but the deficit is severe. Sometimes, notes Herndon Reston brain injury lawyer Doug Landau, there is a minimal laceration (cut) or not cut at all, but the neurological damage is significant. This is often harder on the innocent crash victim because they have no “Red Badge of Courage” to display to friends, family or their physicians to buttress their claims of disability, deficit and suffering. This, in turn can cause anxiety, depression and fear, especially in cases in the long and trying litigation process adds Landau.

How does Diffuse Axonal Injury occur ? What has happened is that rotational and other movements of the brain during trauma has resulted in injury to numerous axons in both cerebrum and brain stem. Brain injury trial attorney Doug Landau explains that this can happen as the result of a sharp, fast back-and-forth movement of the skull, or a rapid twisting of the head from an impact, or a high-velocity combination of (more…)

In keeping with the ABRAMS LANDAU, Ltd., “open date book” policy, here are events for which the Herndon Reston area injury lawyer has registered. Many clients have come to watch Doug Landau try a case. Here are dates so that you can also see him “tri” a race !

[Shown here is Doug Landau with a check. This was not from another successful case on behalf of a disabled, brain injured or bike crash client, but for a 10 mile race in upstate New York. While Landau does not “run for the money,” he has won valuable prizes all over the United States and abroad as an Age Group and Masters Amateur triathlete, road racer, track athlete and triathlete. As is his custom, the All American multisport athlete donated this check to a local school.

Doug Landau’s next race will be the nationally famous Columbia Triathlon at Centennial Lake, MD on Sunday, May 18th, 2008. This Olympic Distance triathlon may be TheAthletesLawyer’s longest race of the year. The last time he competed in this Columbia Triathlon Association event, he did so as a relay team, finishing in second place. As Doug Landau has not entered the Virginia Triathlon Series this year, he will be returning to races, such as this, that he has done in the past and will try new events as well.

Memorial Day will see him raising funds for the Sterling Fire Department (more…)

When an injured victim of a crash is brought into an emergency room, x-rays are often ordered. However, Herndon Reston area brain injury lawyer Doug Landau notes that while such diagnostic testing, while good for showing broken bones and fractures, does not show many kinds of brain injury. For example, a cyclist or motorist injured in a crash may have a subdural hematoma (sometimes spelled, “haematoma”) which may not show up in the Hospital immediately on a post-accident x-ray.
A Subdural Hematoma is a collection of blood that pools under the dura. Because x-rays do not “see” blood as easily as hard, boney structures, Doug Landau advises that these are sometimes missed. The dura is a relatively tough connective tissue (collagenous) membrane, about the thickness of parchment paper. It is firmly attached to the under surface of the skull, and in the spinal canal, it is separated from the bony structure (more…)