Landau Injury Law

Having grown up riding a bike, commuting to school and jobs on 2-wheels and racing in bike road races and time trials, I have seen some of the very best (and worst) of cycling. While most riders observe safety and common sense precautions, other riders and members of the peloton seem to want to increase their chances for crashing, broken bones and brain injury. My “Top 10″ list of things to do if you WANT to crash your bike and break some bones includes:

1. Talk on your cell phone, preferably with one or both hands off the handlebars. I rarely ride without my right hand firmly on the bar; I don’t know how to ride with “no hands.”

2. Eliminate your ability to hear people passing or shouting warnings by being completely “tuned out” via (more…)

While the Virginia Court system is one of the fastest in the country, and our local Federal Court has the nickname “The Rocket Docket” because of its speed, other courts and cases can take many years to resolve. The recent death of a University of Central Florida football player could lead to a lengthy legal battle. As the player is deceased, the family can try to pursue what is called a “wrongful death” case. In this instance, the parents of the player may pursue a wrongful death lawsuit against the school. An 8/17/2008 Orlando Sentinel article by Iliana Limón noted that, “lawsuits stemming from similar practice-related deaths have taken years to resolve and the families of some victims are still awaiting closure. Sovereign immunity statutes and university politics and make-up can present significant legal obstacles to lawsuits involving athletic-related deaths.” The Sentinel article noted out that in another football practice related death, the cases had taken 7 years and was still being fought by the dead player’s family.

A recent NY Times article began:

“Note to victims of accidents, medical malpractice, broken contracts and the like: When you sue, make a deal.”

That is the clear lesson of a soon-to-be-released study of civil lawsuits that has found that most of the plaintiffs who decided to pass up a settlement offer and went to trial ended up getting less money than if they had taken that offer.

“The lesson for plaintiffs is, in the vast majority of cases, they are perceiving the defendant’s offer to be half a loaf when in fact it is an entire loaf or more,” said Randall L. Kiser, a co-author of the study and principal analyst at DecisionSet, a consulting firm that advises clients on litigation decisions.

Defendants made the wrong decision by proceeding to trial far less often, in 24% of cases, according to the study; plaintiffs were wrong in 61%of cases. In just 15% of cases, both sides were right to go to trial — meaning that the defendant paid less than the plaintiff had wanted but the plaintiff got more than the defendant had offered.” While each case is unique and there are many factors that go into evaluating cases for trial and settlement, an experienced trial lawyer can help navigate the decision-making process. For the entire article, go to: www.nytimes.com/2008/08/08/business/08law.html?_r=1&hp&oref=slogin

A gentleman who suffered a fractured ankle (requiring surgery) when his Versaladder collapsed raised the question of “when is it too late to sue ?” The ladder was purchased approximately ten years ago. Some states have laws that require a lawsuit for injuries caused by a defective product to be brought within so many years for the product’s purchase. This is true even if the product is designed and built to last longer than the legal time limit ! So, in this versaladder case, the injured plaintiff may file his lawsuit within 2 years of his injury (for example, the time limit for such lawsuits in Virginia), but be “too late” because the product was already too old – and beyond the applicable statute of repose that gives manufacturers, sellers and suppliers protection after a certain number of years after the sale. If you have been injured by a defective or dangerous product – call ABRAMS LANDAU at once. Failure to pursue a claim within the legal time limits can result in there being no case at all.

Clients of ABRAMS LANDAU know that Doug Landau frequently videotapes depositions, both in his office, at other offices, and even at the scene of the accident. He is shown here with noted Connecticut Trial Lawyer Robert Reardon, and the videographer and court reporter from Casamo Court Reporting Company before a taped deposition at the Landau Law Shop.

Recent examples of videotaped oral examinations under oath include: a fatal trash truck accident where a worker was run over and crushed to death; a bicycle crash where the cyclist’s ankle was fractured; and, a dog attack where a police officer was bitten on her shooting arm. While his investment of time, money and effort in doing this is unique among trial lawyers, a recent ruling from the Garden State adds ammunition to Landau’s arguments when defense lawyers object to their clients and witnesses being filmed.

In the recent case of LaMarche v. Hackensack University Medical Center, the judge ruled that a plaintiff can (more…)

The Virginia Workers Compensation Statute says the rehab personnel (as well as insurance adjusters) are entitled to “copies” of medical reports.  “Copies” does not include verbal reports.  It is Doug Landau’s position that they have no right to speak to the doctor, the nurses or the doctors’ staff.  Yet the insurance company people try to do it ALL THE TIME !  And, if you let them do it, they will use this “off the record” contact against you, your case and your family.

That having been said, most doctors have been brain washed into believing that they have to talk to insurance representatives, including rehabilitation personnel.  Talk to your doctors.  Your treating specialists, your family doctor and all health care personnel you see in conjunction with you case.  Tell them you DO NOT WANT THEM TALKING with anyone from the insurance company.  They can get copies of reports of your treatment for the workers comp injury, and the bills related to your care.  BUT, conversations outside your presence are NOT OK !

More than half of all fall-related deaths by the elderly are caused by brain injuries.  .This is according to the Center for Disease Control and Prevention (”CDC”) in a first-of-its-kind study.  According to the CDC investigation, the severity of brain injuries resulting from falls may not be patently obvious, even to healthcare professionals..In other words, there may not be bleeding, swelling of the skull, bruising or other indicia of brain trauma or injury according to Herndon Reston area injury lawyer Doug Landau, shown here with his membership certificate, demonstrating his over 25 years of commitment to PUBLIC JUSTICE, from this public interest law firm’s very inception..Data for the study were gathered from records of 16,000 deaths in which unintentional falls were determined to be an underlying cause of death.  For the rest of the article, see Mike Stobbe’s 6/24/08 piece in The Washington Post.

A Missouri judge has ordered several defendants to pay $7.25 million to a man who suffered severe injuries when he was attacked by a group of pit bulls in 2006.   In the ruling, the judge found that the plaintiff was left with complex facial lacerations, extensive lacerations to his upper and lower extremities, and multisystem organ failure from the attack. An additional $300,000 was also awarded to Hill’s wife, as Missouri law allows for “loss of consortium” claims.  Herndon and Reston area trial lawyer Doug Landau points out that Virginia law does not allow for a spouse’s separate claim for this loss of sex, society and services.  However, there are other states that recognize this item of loss.  If you are the victim of an animal attack or have been bitten by a dog, you AND your spouse may have rights under the law of the state where the attack occurred.  Each state also has its own time deadlines that must be strictly followed.  Failure to stay within the time limits can lead to the termination of an otherwise meritorious dog attack case.  Kevin Hoffmann, Kansas City Star, 06/10/2008.    

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  06/09/2008. Read Article: Law.com    

At Abrams Landau, Ltd., we have helped people injured while participating in Sports and Recreational Activities.  We were successful on behalf of a Fairfax, Virginia golf pro who was injured in a golf cart accident at a Maryland golf course.   Doug Landau noted that a 6/16/2008 New York Times piece recently revealed that the number of injuries caused by golf carts more than doubled between 1990 and 2006.   This data was taken from a study published in the July issue of The American Journal of Preventive Medicine.According to researchers, nearly 150,000 people were hurt by golf carts during the period from 1990 to 2006, with many of those injuries resulting from falls. Researchers say the widening use of golf carts coupled with increased speed and lack of safety equipment are likely culprits for the rise in injuries.  In Mr. Landau’s golf pro injury case, the player was thrown from the cart when it was caused to tip over by recently poured paving material.  The article was by Eric Nagourney of The New York Times, 06/16/2008