Landau Injury Law

Businesses could save between $114,000 and $670,000 per claim by settling lawsuits early rather than mounting an extensive defense, a study of personal injury settlements has found. According to the study, which analyzed court settlements of personal injury and defective product injury cases against companies between 1988 and 2004 in Texas and Florida, early settlement offers reduce legal fees and non-economic damages.  Doug Landau resolved several Florida cases for clients in the last year, and notes that there is a trend toward defense lawyers billing for depositions, written discovery, protracted motions and expert retention before there is any serious discussion of settlement.  Especially with the downturn in the economy, the insurance carriers are holding on to their reserves until the last possible moment. The of business cost savings study was published in the Columbia Business Law Review.  Sheri Qualters, Law.com  06/09/2008 also at: Law.com

When one thinks of filing appeal briefs, the image of piles of paper comes to mind.  However, the Fourth Circuit Court of Appeals is now moving towards electronic filings and documents.  Lauren Holtzman and I have received “electronic case filing” (”ECF”) training at the United States District  Court for the Eastern District of Virginia, in Alexandria.  With the new changes going into effect this month, we are learning along with everyone else who appears before this Federal Court which hears appeals from Virginia and the other courts located within its “circuit.”   Unlike the trial of this catastrophic brain injury and paralysis case, several judges will decide the appeal.  These specially trained and experienced appeals judges will not hear from live witnesses to this devastating car and cycle crash, nor would they learn from the live testimony of the various medical, economics and life care planning experts.  The judges of the Fourth Circuit will review the briefs of the parties and then decide whether to affirm the trial judge’s rulings, reverse or remand for further proceedings.

I can tell you this, it’s not because I like to read insurance policies !The reason I ask for copies of MY OWN CLIENT’S Insurance policies is so that I can see what coverage is available in case the driver who crashed into them has no insurance (or very low limits of liability coverage).  The insurance policies on other cars and vehicles in my client’s household are also important.  There may be additional insurance protection from a spouse, parent or other relative’s insurance.  In those cases where the Defendant driver has no car insurance, the insurance my clients and their families may have is critical.  It may enable my clients to get full or more complete compensation.  The insurance company pays the judgement and then can pursue the negligent defendant for their money in what is known as a “subrogation claim.”  So, that is why I ask to look at ALL the insurance policies to see what coverages may be available to help pay for what has been broken, repair what needs to be fixed and provide resources for healing and care.

Driving down to Fredericksburg, past the Courthouse where many serious injury cases have been won, Doug Landau could not help but notice the temperature rising to record levels.  Nevertheless, the Triathlon Trial Lawyer performs well in high heat and humidity.  He was confident, having won the Biathlon (Swim-Run) at the Spotsylvania YMCA 2 years ago.  And the Reston Herndon injury lawyer was excited to be biking on Route 1, Jefferson Davis Highway.  After a slow pool swim, Landau picked off competitors and arrived with a screeching transition for the run through the woods and bog.  Doug was able to finish first in the Masters category, second among the men and third overall. Landau noted that the 2 competitors ahead of him had a combined age of less than his 47 years !  He enjoyed biking past the Spotsylvania Circuit Court house, where he has tried personal injury and workers compensation cases over the last 25 years.  .More exciting than collecting his awards, Landau enjoyed helping 7-year-old “Racin’ Mason” Allen to race in her first triathlon.  This wonderful Fredericksburg girl had just had her first swim practice this week.  Her father, Edward Allen of Allen, Allen, Allen & Allen, purchased her pink bicycle the day before the race !  Mason swam with a smile, and finished in style.  

No.  Not necessarily.  The manager on duty may simply be offering to pay you out of the store’s “MedPay” insurance, which pays regardless of fault.  It is usually limited in amount ($500, $1,000 or even $5,000). Premises Liability MedPay checks are not an indication of fault or negligence.  They do not prove anything, and would not normally come into evidence at trial.  They are great “P.R.” for the store, and stave off many potential lawsuits.  There are cases where the insurance company paid $50,000 in medpay benefits but denied liability (or fault) for causing the accident.  So, if you are injured in an accident, and you receive money from a medpay policy, do not be duped into believing that the insurance company has accepted full responsibility or is admitting fault for purposes of a lawsuit.  It is simply insurance coverage for medical bills, for injuries incurred on the premises, generally limited to those arising within the first year, up to the modest limit purchased by the property owner or operator.  There is usually no requirement that a landlord or owner have this coverage, nor is there a rule requiring a minimum amount.  

Injured clients ask why there are microphones at comp hearings.  The rooms are generally small, and everyone can hear each other just fine.  The mikes are not to amplify the voices.  Rather, the microphones are for recording the trial so that if later one party or the other wants to appeal, they can have a transcript typed up so that the Commission (and perhaps the VIrginia Court of Appeals or even the Supreme Court of Virginia) can see what everybody said on the record.  There are no “live” court reporters at Virginia comp hearings, like there are at jury trials Doug Landau has presented.  However, recent cases involving fractured legs, arms, hands, concussions and brain injury that we have won for injured workers have been appealed, and that means that the Full Commission must have the tape recorded proceedings typed up and each side must pay for a copy.   Shown here is a witness about to testify in front of the microphone at a Virginia Workers Compensation Commission hearing that arose as the result of a traffic accident fatality in Fairfax County.

Not necessarily.  If you have your own auto coverage, or are covered under another member of your household’s policy, you may have “UNinsured Motorist” coverage.  This type of insurance is generally mandatory for Virginia drivers.  This insurance may enable you to collect against your own insurance policy.  Your insurance company can then go against the negligent Defendant to try and recover its money in a “subrogation action.”  SO, just because you may have been hit and injured by a deadbeat with no insurance, do not dispair, there may still be other coverage available to help you and your family to recover from your injuries.  At ABRAMS LANDAU, Ltd., we review our own clients’ insurance contracts in order to find coverages and protections that can assist them after a car crash.

In order to gauge the likely value of a case, the ABRAMS LANDAU team looks at a number of things, whether the client is involved in a car wreck, bicycle crash, slip and fall, dog attack or are injured due to a defective product, dangerous premises or other negligent conduct.  One of the best indicators is looking at jury verdict, mediation, arbitration and settlement amounts from similar cases in the same or similar jurisdictions.  This often requires Herndon Reston area injury lawyer Doug Landau use computer research.  Lauren Holtzman, shown here, utilizes the expensive Lexis-Nexus programs the firm pays for as well as other state, local and national sources.  We also look at our own, internal data in order to narrow the range of expected jury verdicts.  We also look at collectibility and assets in order to determine whether, once we win, we can economically collect compensation for our deserving clients.  

The trial team at ABRAMS LANDAU, Ltd. get calls from all over the country from victims of negligence, assaults and permanent injuries.  We are often asked (or told) “there’s a formula to these cases, isn’t there ?”When a brain-injured client’s parent tells me, “My neighbor’s friend’s dentist said that you just multiply the medical bills times three and that’s what you get for settlement” it is hard to explain that this has no basis in reality.  If this was true, then the woman I represented who slipped, fell and then lost her ability to have children would not have been able to seek more than just her Emergency Room bills.  If there was a formula of “three times specials,” then my younger clients, who miss time from school, would not get fair compensation.   A homemaker or person who could not get medical care (i.e., no CT Scans, x-rays, heavy pain medications) because they are pregnant, would be treated unfairly.  And those people who seek out unethical lawyers and over treat or go to unscrupulous doctors, would be unjustly enriched.  So, there is no “magic formula.”  It would not work in the majority of our cases, and we do not apply it in setting our demands, amounts sought in court or accepted in settlement.  At our Herndon injury law shop, we try to help people with all kinds of injuries, losses and cases.  Every case is unique and special.   See tomorrow’s post for more information on how Doug Landau and the ABRAMS LANDAU team evaluates injury, disease and disability cases.

In an earlier entry, I wrote about how we settled a case for a Radford area client after filing suit in his premises liability case in the Loudoun Circuit Court.   In this entry, you’re never going to believe it, but I brought a check for over $25,000 to the workers comp defense counsel. That’s right, in a workers comp claim where there is a third party negligence case, the employer’s insurance company has an “IOU” against any settlement, verdict or other monetary recovery.  In other words, if you are hurt on the job, and you sue someone who DOES NOT WORK FOR YOUR EMPLOYER for their negligence, or because of a defective product, or because their premises was dangerous, or their dog attacked you, the insurance company for your employer will look to get their money back.  Sometimes, BOTH cases can be settled at the same time. (more…)