Archive for January, 2009

Irwin_on_fire.jpegRecently, Doug Landau was an eye witness to not one, but TWO episodes where a bath robe caught fire.  What was even more startling was the fact that, because of the nature of the absorbent fabric, it was not immediately apparent that the wearer was on fire !  Some synthetic fibers do not give off smoke, and burn with an almost invisible flame !  This makes them extremely dangerous to the wearer, and especially children, who are often vulnerable to burn injuries caused by defective clothing.

In a lawsuit for injuries as a result of flammable clothing, the injured victim must generally prove:

  • The clothing was defective and unreasonably dangerous because it was highly or unusually flammable;
  • The defect in the clothing caused the victim’s injuries;
  • The defendant sold, distributed and/or manufactured the defective clothing or the fabric from which it was made;

If you or someone you know has been injured or burned because of flammable clothing, please contact us at once.

DSCF3689.JPGVirginia sports injury and disability lawyer Doug Landau was thrilled to be joined this year by his friend, and top New York City Trial Lawyer Stephen Peskin and his wife Victoria.   Peskin, a past president of the New York State Trial Lawyers Association, has been featured in Who’s Who in American Law and is a senior member of the board of directors of the American Association for Justice.  Landau has worked with Peskin and other New York City lawyers in his office on injury and accident cases.  Steve is a partner at the Tolmage, Peskin, Harris, Falick law firm and his talented and beautiful bride, Victoria Bond, is an accomplished composer and conductor.  From 1986-1995, Victoria was conductor of the Roanoke Symphony Orchestra and Roanoke Music Director.

Landau and Peskin compare notes and trial strategies at Virginia and American Trial lawyer meetings and conventions.  Triathlon Trial Lawyer Doug Landau makes the annual trip to New York for the Millrose Games, which are considered by many to be the premier indoor track and field meet in the world.  If they ever hold a Masters endurance race for trial lawyers at this Madison Square Garden showcase, Landau thinks he would do quite well on the steeply banked, 11-lap to the mile track.  Landau is scheduled to compete at the United StatesCross Country Championships next weekend at the Agricultural Farm Park in Derwood, Maryland, sponsored by the USATF.

DSCF3588.JPGWhile the case did not meet the criteria for ABRAMS LANDAU cases, Doug Landau took on the claim of a young architecture student whose fingers were severed in a workplace accident.  When it came time to settle the case, the client a very good question.  Why is there some much paperwork to settle a small comp claim ?  For example, in Virginia, the injured worker must read and sign the following documents before a judge will approve the compromise settlement:

  1. Petition (requesting the compromise settlement),
  2. Order (of settlement, which the just signs and the clerk stamps),
  3. Affidavit (stating that the injured worker understands their rights, the terms of the settlement, and the potential benefits that may be affected if the paperwork is approved), and
  4. Confidential Cover Letter (by the injured worker’s lawyer explaining other factors relevant to the settlement, reimbursement of costs advanced on the client’s behalf and attorney fees).

DSCF3587.JPGThese papers are for the INJURED WORKER’S PROTECTION.  The Workers Compensation Commission will then send the injured worker a copy of the signed ORDER so that they see what terms have been approved and so that they can know when to expect their direct payment from the insurance company.  And, a lawyer who is not licensed in the state is not permitted to execute settlement papers.  Again, this is for the injured worker’s benefit.  If you have questions about the settlement of a Workers Comp claim, please contact us.

At ABRAMS LANDAU, Ltd., we get calls for help with State and Federal workers compensation claims. While we have helped injured workers with their STATE Administrative Law cases in: Virginia, Maryland, North Carolina, Florida, Ohio, Connecticut, California, New Jersey, New Hampshire, Massachusetts, Rhode Island, Georgia and the District of Columbia, Doug Landau is up front about the fact that he has never handled a FEDERAL workers comp claim.

DSCF3583.JPGThat is why he was excited to finally meet someone who regularly handles Federal Workers Comp claims. Stephen Scavuzzo represent injured Federal Employees in their Department of Labor Workers Comp and Employment claims. Doug Landau hopes to work with Mr. Scavuzzo in cases where the injured worker has a workers compensation claim and a third party liability case. In accidents where the Federal worker is injured by the negligence or carelessness of someone who is not a co-worker, Landau can help get additional compensation, perhaps even above and beyond their limited administrative benefits. Examples are: on the job car wrecks and truck crashes; dog attacks and bites to postal employees; and defective products. If you or someone you know works for the Federal Government, and has been injured, contact ABRAMS LANDAU today. Just as with State workers comp claims, there are strict time deadlines and procedures to follow. Call us today !

DSCF3507.JPGIn a word, “yes.” If you have a permanent injury or are going to be disabled from work for a long time, you want the best or “Top” lawyer for your case. While Awards and being listed in “The Best Lawyers in America,” “Super Lawyers” and having the highest listing in the Martindale Hubbell National Lawyer Directory, like Doug Landau, are all nice, there is a better way to select legal counsel for your brain injury, car crash or disability case.

One way to decide if a lawyer is competent, experienced and effective, is to actually go and see that lawyer in trial. At ABRAMS LANDAU, Ltd., we encourage clients, their families and prospective clients to come and “see us in action.” We are proud of how we help injured and disabled people. We want people to see what we do in Court and how we do it. And we wish more lawyers and law firms were not scared to do the same. Please call us today to find out when you can watch us “in action” so that you can learn about trial lawyer Doug Landau and the ABRAMS LANDAU team and better understand the process that your own case will follow. (Photo by Doug Landau during his trip to the Galapagos Islands)

DSCF3670.JPGWhile many slip and fall or trip and fall cases have witnesses or videotape recordings, some cases have no eyewitnesses.  These cases are difficult, but not always impossible.  One way that Virginia injury and disability lawyer Doug Landau is able to win these “premises liability” cases for his clients is by showing that the building was unsafe, defective or did not meet applicable building code standards.

Instances where Virginia and D.C. “Super Lawyer” Doug Landau succeeded on behalf of injured clients who had no eyewitnesses to their premises liability included:

1. Unsecured hand rail on an office building steps,
2. Parking garage speed bump carpeted over and out of compliance with the “Americans with Disabilities Act,”
3. Ramp with a slope that was too steep for the conditions,
4. Spilled concrete was allowed to harden and form a “tripping hazard” in a poorly lit shopping mall parking garage, and
5. A drainage grate was missing in a “big box” retail store’s night time delivery parking lot blacktop.

If you or someone you know has been injured in a slip and fall or trip and fall accident, please contact us at ABRAMS LANDAU right away.  Immediate investigation in these cases is important, as the scene often changes and critical evidence “disappears” after someone is hurt.

DSCF3503.JPGIf you are injured on the job or seeking Social Security Disability, and you get a NOTICE FROM THE GOVERNMENT – FOLLOW THE SIGNS !  Don’t be a “Dodo bird,” but be like the Albatross, shown here.  Follow the instructions and take care to pay careful attention to the time deadlines on official notifications.  Failure to file the requested paperwork within the time allowed can be fatal to your case.  If you fail to file the proper paperwork on time, there may be nothing that even a D.C./Virginia “Super Lawyer” like Doug Landau can do for you.  So, if you have a permanent injury, long term disability compensation claim, call the experienced compassionate team at ABRAMS LANDAU today !

Stairway falls, unlike those on level surfaces, have resulted in multiple injuries to clients, as there is traumatic impact every time they hit another step, railing or the landing.   In the adult population, falls down stairs may result in serious injuries, particularly head trauma. In a study published in the Journal Emergency Medicine the investigators conducted an analysis of serious injuries caused by stairway falls.  In the study, the group of patients had a significantly higher mortality than other trauma.  In patients who sustained serious injuries from falling down stairs, head injuries were common with acute subdural haematoma occurring in 57% of patients. Head-injured patients had a significantly higher mortality rate than non-head-injured patients.

Not surprising to injury lawyer Doug Landau was the fact that increasing age and higher injury severity scores correlated with poor outcome in all patients. Thirty-nine of the 113 stairway-fall patients (35%) died in hospital compared with 207 of 1091 non-stairway-fall patients (19%) during the same period.  In this study, this group of patients had a significantly higher mortality than other trauma patients.  If you or someone you know fell or was thrown down dangerous or defective steps, contact ABRAMS LANDAU at once.  Prompt investigation of these premises liability case is important, and important legal rights can be lost if immediate action is not taken.

What happens when you need to find out information for your case, but the people you are suing do not want to help ?  There are several “tools” available according to Herndon Virginia injury and disability lawyer Doug Landau.  These include:

  • Subpoenas,
  • Requests for Production,
  • Letters, and
  • The Freedom of Information Act

An experienced trial lawyer will know how and when to use all of these tools to help you in your injury or workers compensation claim.  The ABRAMS LANDAU trial team has used all of these tools to assist their injured and disabled clients.

DSCF3497.JPGJust as one pregnancy or clutch can result in two eggs in the nest of this blue footed booby, one accident can result in several potential claims for the injured worker or innocent victim.  At the Herndon Virginia law firm of ABRAMS LANDAU, we see many cases where the client comes to us with a workers compensation claim, and we are also able to successfully represent them in a personal injury case due to a defective product or the negligence of some third party.   We also help those disabled workers whose injuries are permanent with Social Security Disability cases, so that they can access the money that was taken out of their pay checks by the Federal Government BEFORE the usual retirement age.  And, we have some clients for whom we have been successful before the state workers compensation board, the Federal Social Security Administration AND County trial court !

{Photo of blue footed booby, with an EGG AND A CHICK IN THE SAME NEST in the Galapagos, Ecquador, January, 2009, by Doug Landau}

Douglas K.W. Landau is admitted to practice in DC, VA, CT, FL, and NJ. Abrams Landau services clients in Washington DC, Pennsylvania, PA, Maryland, MD, Virginia, VA (including Northern Virginia, Fairfax county, Loudoun county, Herndon, Reston, and more), Connecticut, CT, Georgia, GA, Florida, FL, New Hampshire, NH, New York, NY, New Jersey, NJ, Maine, Massachusetts, MA, Rhode Island, RI, North Carolina, NC, and South Carolina, SC.

Information disseminated on this website is intended for informational purposes only and is not legal advice. This information is not intended to create an attorney-client or similar relationship. Please do not send us confidential information. Past successes cannot be an assurance of future success. Whether you need legal services and which lawyer you select are important decisions that should not be based solely upon this website. Please contact: Abrams Landau Ltd. at (703) 796-9555.