Landau Injury Law

A 21-year-old college student who dreamed of becoming a teacher was in an  accident with the Defendants’ truck.  She claimed $2,400,000 in medical expenses and lost wages as well as traumatic brain injury. But pictures on her MySpace page showing her at parties after the accident told a different story to the jury.  Her MySpace page told of her partying, dancing, going to school and applying for jobs.  Defense counsel simply did some Internet investigation and found valuable evidence on this younger litigant from the “confetti generation.”   The general view of the defense bar is that once you put this information out on the Web, you are disseminating it for public viewing (AND use in court).  At ABRAMS LANDAU, Ltd., we have used the Internet to do our own investigation on a Defendant, and have seen shocking examples of Defendants’ putting on the Internet information about themselves that they would never want coming out in Court.

As Herndon Reston injury lawyer Doug Landau likes to point out, “Anything you say, publish (in print or on the Web) can and WILL BE USED AGAINST YOU.”  Social networking sites can be a quick and easy way to keep “in touch,” but what is put on the Web does not always stay on the web.  Many law firms conduct extensive Internet investigation of all plaintiffs, their families and doctors, but their other witnesses as well.  Defense lawyers will seek information to challenge the credibility of the plaintiffs and their witnesses in traumatic brain injury or other permanent injury cases.  If the defense can successfully question the plaintiff’s witnesses’ credibility, they can counteract the sympathy that jurors often have for the victims of catastrophic head injuries.  Lawyers USA, p.11, Verdicts & Settlements, July 28, 2008

Shown here are members of the Abrams Landau trial team after the successful settlement of an Egyptian butcher’s workers compensation claim.   [From Left to right: Shiri Ahronovich, Doug Landau, our client and Workers Comp Legal Assistant Dianna Meredith]       When this gentleman returned to Virginia after a visit to his home country in the Middle East, he brought back gifts for the people who helped him after he was injured in a grocery store accident.  Clients have been generous enough to bring us gifts and presents from all over the world.  Recent “surprises” that have arrived at the Abrams Landau “Law Shop” include Hershey Kisses from a Hershey Pennsylvania area client; European chocolates from a Bulgarian family; and a food and treats basket from Michigan.   One of the more unusual gifts was a hand-carved mini sleigh from a private investigator from Woodstock !

The Herndon – Reston law firm of ABRAMS LANDAU, Ltd. has successfully settled another workers comp suicide case for a Florida family.  Using favorable Virginia case law and Doug Landau’s own winning decision in the Elliott case, this Bulgarian family was able to at last get some compensation for their tragic loss.  In a similar ruling, the Nevada Supreme Court has ruled that the families of workers who commit suicide following an industrial accident can recover workers compensation benefits. The justices held that benefits may be payable if an on-the-job injury led to the rational impairment that resulted in suicide. The ruling revives a workers compensation claim filed by the widow of a man who shot himself after suffering a severe back injury at work.  AP, Las Vegas Review Journal  07/25/2008

When a personal injury case settles, the Insurance Company wants a Release to be signed before the check is cashed so that they (and their insureds) will not get sued again on the same claim.  When a case is filed in Court, and a settlement reached or verdict in favor of the injured plaintiff returned, the Court wants a “Final Order” signed showing that the case is resolved and can be dismissed from the active Trial or Hearing calendar.  Many clients wonder, if the “Final Order” ends the case, why does the Insurance Company and its lawyers want signatures on a separate (and seemingly superfluous) “Release” ?

One reason the lawyers for the Defendants in Product Liability, Negligence, Defective Products and Food, Slip and Fall, Children’s cases, Sports Accident, Brain Trauma, and other types of Personal Injury claims, want this Release, is that

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The numbers came out this summer, and the Virginia offices fared well when compared to other states’ offices.  Herndon Reston area Social Security disability lawyer Doug Landau points out that it takes two and a half times longer for a claim in North Atlanta than Richmond or Roanoke Virginia ! 

Several offices of note include (Rank-Hearing office-Processing Time) [from NOSSCR "Social Security Forum," Vol.30, No.5, May/June, 2008 at pp.32-34]:

1-Harrisburg, PA-295 days,
8-Washington (tie)-330
8-Charleston, WV-330
31-Ft.Lauderdale, FL-388
16-Richmond, VA-352
20-Roanoke, VA-368
51-Norfolk, VA-442
75-Alexandria, VA-490
78-Baltimore, MD-494
106-Columbia, SC-565
126-Miami, FL-652
131-Tampa, FL-682
146-Atlanta (North), GA-838

 Here’s a first.  A closed head auto injury case client represented by another member of AAJ was once incarcerated in Connecticut.  He was a former inmate of the Conn Department of Corrections and was involved in an accident in Florida.  The State of Connecticut now asserts a “lien” (like an “I.O.U.”) for all costs of his incarceration pursuant to Section 18-85a & b, Conn. General Statutes.  While Herndon Reston injury lawyer Doug Landau has represented clients who are in jail while their personal injury and workers comp claims are pending, he has never heard of such a State Government “lien” before.  Please note that Child Support can also be taken out of Workers Comp checks, unlike nearly any other kind of lien, garnishment, debt or judgement.  The Moral of this Post:  Tell Yer Lawyer About ALL your debts, crimes, injuries, claims and court history. Tell your story, and THE WHOLE STORY, to the man on the couch !  Doug Landau will listen, but you have got to tell him ALL the facts that may affect your case ! 

Often clients will down several pints of coffee, get up at the crack of dawn, and then eat a huge breakfast before heading to court with their family.  They then arrive needing to use the facilities, tired and bloated.  Often, you see litigants falling asleep by three O’clock in the afternoon.  NOTHING NEW/UNTESTED – DO NOT try something new at trial !  Stick to your usual diet, medications and sleep habits.  DO not try new foods, drugs, diets, drinks, medications, etc., advises Super Lawyer Doug Landau.  Whether you’re from small town Herndon or you’re one of “The Best Lawyers in America,” do not do something untried and untested during your “day in Court.”  f you have any questions about your daily regiment, call Doug Landau to discuss them BEFORE you leave for the Courthouse.  You’ll be glad you did.

            Even if the claimant’s doctor has not released him/her to go back to work, Doug Landau counsels his clients to put effort into job searching that may fit their current restrictions.   If they do not find employment, there is at least a written record of their efforts as evidence that the injured worker is not malingering, but would seriously like to work.  Waiting for the employer to accept the claimant back to work is not necessarily the best result for the claimant.  ABRAMS LANDAU clients who have sustained permanent arm, leg or head injuries may not ever be able to go back to their old jobs.  BUT, there are other, easier, “light duty jobs,” that they can do.  The Virginia Workers Compensation Commission sometimes calls these jobs “selective duty positions.”  Whether the injured worker has had a broken leg or a brain injury, the Commission will often look to see what efforts they have made to look for light work that they CAN do.  Failure to even look can serve as the basis for an insurance company terminating benefits.

            The recent case of  John Quinn Inc. v. Barry   is an example of what is expected and the law in Virginia.  At the time of his accident, an injured employee was working two jobs, one of which was a part-time job at Home Depot.   The claimant could not return to his pre-injury work with his primary employer or any with any manufacturing or construction position.  The claimant accepted a full-time position with Home Depot where his work activities were limited as a result of his injury.  The Virginia Court of Appeals overturned the Commission Award of TPD because the Court was not convinced that the claimant’s acceptance of the full-time position with Home Depot constituted adequate marketing of his residual capacity.  The Court determined that the claimant failed to meet his burden of proof. 

See: John Quinn Inc. v. Barry (Frank, J.)Virginia Court of Appeals No. 2229-07-2, July 15, 2008, Virginia Lawyers Weekly 008-7-333(UP),9pp 

Named one of the top attorneys in Virginia.  Congratulations! 

Yes, possibly.  The first step in any workers compensation claim is to determine if you were injured “in the course and scope of employment.”  If you were injured on the job, the next step is to figure out how much your employer paid you every week.  Because many undocumented workers are paid “under the table,” or on a cash basis, proving how much your employer paid you every week may be difficult.  This is important because many of your compensation benefits depend on how much you were making before you got injured.   Your “average weekly wage” rate affects how much you get for lost wages, permanent injury to your body and the size of your settlement or Court Award.

Proving what your employer paid you in cash might be a difficult task, but with the help of the ABRAMS LANDAU team, the process can be smoother.  In order to prove how much employers have paid undocumented workers in the past, the ABRAMS LANDAU law firm in Herndon, Virginia has used a variety of successful techniques like examining bank deposit statements, receipts from remittances, eye witness accounts, and receipts from other money transfer services.  It is best to have is a “paper trail” of the payments you received.    

Additionally, the ABRAMS LANDAU team will help you factor whether you were provided uniforms, meals, lodging or transportation.  This usually increases the amount of money Herndon attorney Doug Landau gets for his clients.  Proving exactly how much the employer paid you every week will determine how much money you receive while you are not working-money that will help you and your family survive while you are recovering from your injuries.