Landau Injury Law

Social Security claimants who retain me are surprised to find out that even though the live in “Northern Virginia,” their Hearing may be held in Richmond Richmond or the District of Columbia. While I have tried such cases successfully in Washington, Richmond and Charlottesville, there is no facility for an Administrative Law Judge (”ALJ”) Hearing “inside the Beltway” in Virginia. That means, for most of our clients, they will be required to travel.
A visit to the Hearing site BEFORE their “day in Court” is a terrific idea. No one wants to be panic-stricken, lost, looking for a place to park and not knowing where to go on the “big day.” This scenario is only made worse by the fact that our clients are disabled, and getting around is already fraught with challenges. Our Herndon Reston area injury and disability law firm advises clients and their families to visit the hearing site after they get the ALJ Hearing notice. Even if you are not a client of ABRAMS LANDAU, Ltd., please visit the Hearing site BEFORE your “day in Court.” By taking this “scouting trip,” you will eliminate a lot of unnecessary stress and be better able to focus on what you need to tell the ALJ; why you are disabled for substantial gainful employment.

The top Virginia plaintiffs’ brain injury attorneys were invited to compare notes, learn the latest medical testing and treatment techniques and participate in this sold out continuing legal education program. Herndon Reston area brain injury lawyer Doug Landau of ABRAMS LANDAU, Ltd. attended this conference with his friends, co-counsel and physicians in Richmond. Doug Landau is shown here with Fairfax trial lawyer Peter Everett of Blankenship & Keith during a break between medical lectures.

In addition to the brain injury retreat, Doug Landau was also invited to the Advanced Motor Vehicle crash retreat in Charlottesville, and the Advanced Workers Compensation retreat in November. Attendding all 3 advenaced “retreats” will enable Doug Landau to better “attack” the unsupportable defenses and “junk science” used by the insurance companies on behalf of ABRAMS LANDAU clients with head trauma, brain injury and permanent disabilities and their families.

I try to review a client’s official file at the VWC early on in the case. I do that because at ABRAMS LANDAU, we want to build a strong foundation to the claim. Too many lawyers make the mistake of assuming they know what the judge is looking at or looking for - a BIG MISTAKE ! I take the time to actually examine the file the judge will be looking at, well before the trial, so that I know (and can explain to the client) what evidence is available and what is still needed. Here I am with one of the helpful clerks at the Virginia Workers Compensation Commission headquarters in Richmond. I was reviewing our injured and disabled clients’ files and making copies of important documents, such as the Accident Report, the Wage Chart and the Attending Physician’s Report. When I return to Herndon, the staff at the ABRAMS LANDAU injury law firm knows to send copies to our disabled clients and their families so that they can see what the judge is actually looking at, and give us prompt information about errors in the official accident reports, earnings records and other important documents.

Why is this important ? One reason I like to look at the official file is to learn things that my clients may not have told me, because of the severity of their brain injuries; because it is a fatal accident claim; because there may have been a loss of consciousness; long term memory loss and short term memory loss, which is not unusual after head trauma. Because we are all human and we all make mistakes, sometimes the material we field with the VWC is put in the wrong file. Also, I have seen other injured workers’ papers accidentally put in my clients’ files. My review of the official workers comp files has also revealed surveillance tapes and reports by private investigators who were hired by the insurance companies or their lawyers to follow and film my disabled clients. By actually looking at the official file, I am able to see if the VWC staff has tabbed, hi-lighted or flagged those items that the ABRAMS LANDAU Team has brought to their attention as needing immediate action. So, the next time my staff advises you that I am “on the road” and visiting the Virginia Workers Compensation Commission headquarters to review files, I am doing so to lay a sturdy foundation for the disabled clients of our Herndon Reston area injury law firm.

When Workers Compensation claims are filed by the team at ABRAMS LANDAU, Ltd., they are sent to the Virginia Workers Compensation Commission Commission (”VWC”) headquarters in Richmond. The VWC headquarters has the Clerk’s Office, paper files, offices for a number of the judges (called “Deputy Commissioners”) and Hearing rooms. Shown here is the infamous “Sponge Bob-Mobile” used by Doug Landau to transport clients and files through all sorts of weather in front of the VWC HQ building at 1000 DMV Drive, off Broad Street, in Richmond.
This building is just East of the Science Museum and across the street from the Division of Motor Vehicles (”DMV”) building, which is pictured below. For those with Hearings at the VWC headquarters, or reviewing files, the DMV has a convenient, handicap accessible and inexpensive cafeteria. Doug Landau has had lunch with Deputy Commissioners and claims personnel there and it is one of the few places within walking distance.

Ever the “Road Warrior,” Doug Landau, together with Appellate Counsel Roger Creager, filed an appeal in the Federal Circuit Court in Richmond. The “traveling trial lawyer” is bringing this appeal on behalf of a brain injured motorcycle rider. The innocent plaintiff sustained shattered bones, traumatic brain injury (”TBI”) and was in a comatose state at INOVA Fairfax Hospital. The cyclist’s treatment was transferred to a European facility, where she emerged from her coma and now can talk and walk with assistance. The driver of the motorcycle, however, is unable to communicate due to the severity of the damage to his brain. While the District Court in Alexandria recognized the profound permanent orthopedic and brain injuries sustained by the two cyclists, a ruling letting the Defendant driver’s employer out of the case, despite his being “in the course and scope of his work” at the time of the car vs. bike crash, is being appealed

The 4th Circuit Court of Appeals hears appeals from the Federal District Courts from several states. The only court above the Federal Circuit Courts is the United States Supreme Court. Doug Landau is a member of the Circuit Courts covering the East Coast, as well as the U.S. Supreme Court. This means he is not only able to try cases in the Federal District Courts, but also pursue appeals in the Circuit Courts.

On the 12th of August, 2008, Mr. George Milton Piper passed away. We still do not know the exact details of his untimely demise. We do know he was at work, at Chemung Contracting in Gainesville, located at 7201 Rail Line Court - near George Mason University, off of University Blvd. At the time, he was working for Labor Ready. Though there isn’t more information, you can read the report on WTOP news. If anyone has any information concerning his accident, please contact us so that we may better help his family.

When Nancy Odell borrowed $3,000 while her car crash case was pending, she never expected to be in a lawsuit with the lender, “Legal Bucks,” for OVER TRIPLE THE AMOUNT BORROWED !The facts are simple.  Nancy Odell (Plaintiff) was involved in a car crash.   She got a lawyer who pursued a personal injury claim against the defendant driver. Although Plaintiff expected to recover at least thirty thousand dollars from her personal injury claim, she was having financial difficulties.  She contacted “Legal Bucks” to obtain an advance.Legal Bucks is in the business of “litigation funding.”

• Legal Bucks advances money to borrowers who are expecting to recover in pending tort claims, but who need money for personal expenses before their claims go to trial or settle.When a potential borrower approaches Defendant Legal Bucks to obtain an advance, it investigates the borrower’s legal claim to determine the merits of the case, how much the borrower is likely to recover, and, if an advance is made, the appropriate amount of the advance. The borrower then repays Legal Bucks, with interest, out of the proceeds of his or her recovery.   At the Herndon Reston area injury firm ABRAMS LANAU, Ltd., we do not

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When four generations of women came to my office seeking help for an innocent child being raised by her grandparents, none of imagined that the little girl would receive tax free payments for almost a decade.  The case arose as the result of the accidental death of a boom truck worker.  The basket on the truck accidentally touched a power line while the employee was making a call from a phone booth.  He saw the tires on his truck melting and ran to get the fire extinguisher as smoke was coming from the truck.  Once he touched  the metal cannister he was immediately electrified.  The voltage killed the employee almost instantly. The deceased employee left behind a daughter, who was being raised by her maternal grandparents, as her own mother was only a teenager herself.  While the decedent had never married the child’s mother, there was a Child Support Order.  The claim was denied by the insurance company.  I brought the Chiefs of the Police, Fire and Rescue Departments to Court to testify.  We won the case and several hundred thousand dollars in compensation benefits were paid to the grandparents so that they could enlarge their home and pay for their granddaughter’s education and care.  At ABRAMS LANDAU, Ltd. we try to make a happier ending on stories that come to us after tragedy.  

In a word, “no.”  However, in those states that have the law known as “strict product liability,” the burden of proof is somewhat lower (= easier) than in states, like Virginia, that have not adopted the more modern view of product safety.  Basic strict liability product liability requires a look at a book called the “Restatement of Torts (2d) 402A.”  That section, “Special Liability of Seller of Product for Physical Harm to User or Consumer” states:

• One who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability for physical harm thereby caused to the ultimate user or consumer, or to his property, if the seller is engaged in the business of selling such a product, and it is expected to and does reach the user or consumer without substantial change in the condition in which it is sold.
• The rule stated in Subsection (1) applies although: the seller has exercised all possible care in the preparation and sale of his product, and the user or consumer has not bought the product from or entered into any contractual relation with the seller.

In other words, even if the person who is injured by a defective product did not buy the product, the plaintiff can still bring a lawsuit for their losses.  Furthermore, as indicated above, suit can be brought against the seller, supplier and/or maker of the product.  This is true where, the supplier, seller or designer “has exercised all possible care,” as they have the greater ability to avoid injury to the ultimate consumer.  At ABRAMS LANDAU, we see cases from other states where this “Strict Product Liability” law is available.  Using this law, we can seek compensation for clients injured by defective products.  If you or anyone you know has been hurt by a defective product, give the team at ABRAMS LANDAU team a call.

Our Herndon Reston area injury law firm was recently contacted by Maryland attorneys regarding a client who was seriously injured when an aftermarket bike stem snapped.  The stem likely snapped due to negligent installation, a manufacturing or design defect, or some combination of these factors.  The attorneys for the injured bicycle rider were looking for a general forensic firm so that they could retain an engineering expert to explain and support their theories of the case.  At ABRAMS LANDAU, Ltd., is not uncommon for a case involving a serious bike crash to involve several theories as to what causes lead to the cyclist’s or peloton’s injuries.  Theories in the bike stem fracture claim, like the “working diagnoses” on the popular television shows “House,” “CSI” or “E.R.” include:

1. “Negligent installation” means that when the stem was attached to the bike, it was done so improperly, which caused the injuries to the purchaser or user.  
2. “Manufacturing defect” means that the bike stem was designed properly, and installed properly, but some step(s) during the manufacturing process caused product failure and rider or peloton injury.  An example is where the metal contains defects or is not heated/cooled to the correct temperature and thus is not as strong as called for in the bicycle design specifications.
3. A “design defect” means that the bicycle stem was negligently designed, such that even if correctly assembled, it would still break and cause harm to the ultimate user.