Landau Injury Law

We achieved a settlement after five years of litigation in a case involving the criminal, sexual assault of a passenger by the airport security supervisor.

The injuries included emotional distress, fear of airports and security personnel, and aggravation of preexisting emotional distress. The case was filed in the Loudoun County Circuit Court. There were no lost wages, as the plaintiff was already out of work, taking medications, receiving psychological treatment, unemployed, and on Social Security Disability.

Facts of the case:

On the date of this incident, the defendant was a uniformed employee of Argenbright Security, Inc. (ASI). His jacket was a different color than the security personnel under him, as he was a supervisor that night. The plaintiff had missed her evening flight, and the next one out was in the early morning the next day. The defendant led the plaintiff back through the security checkpoint (as depicted in the airport security disc) and told the
other security officers to allow her to pass with her large luggage. The ASI security officer indicated that this was all right because the man in the red jacket was the supervisor. The defendant led the plaintiff towards the ASI security office at Dulles Airport. He indicated that she would be fine to rest in the area adjacent to the ASI security office. There were other airport security personnel sitting across from this area.

The plaintiff set her luggage cart in this area (which pretrial discovery revealed was used to check those with pacemakers, pregnant travelers, etc.) and then lay down to rest. Thereafter, she was awakened by the defendant, who was rubbing his body against her and touching her in an inappropriate manner. The plaintiff told him to get off of her, and grabbed her purse, wallet, and carry bag. The security people located directly across from where she had been resting appeared to be watching her and her assailant in some sort of ritual. They did not come to her aid and did nothing to help her. She found refuge, and an airport detective easily identified the attacker, who was charged, pled guilty, and was convicted of sexual assault and battery in the Loudoun County General District Court. ASI no longer provides security services at Dulles International Airport. The area where the assault took place has been removed, and the defendant supervisor was fired after this attack.

We have been fortunate at Abrams Landau to represent some truly remarkable and inspiring individuals. For the Atheletes Lawyer Doug Landau, this was such a case…

The plaintiff was a student at the State College in Blacksburg, Virginia. She was walking in the pedestrian crosswalk when, without warning, the defendant slammed into her, hurling her through the air and onto the pavement.

As the plaintiff lay on the ground, officers took photos of the dents and damage to the defendant’s pickup truck made by the 19-year-old girl’s body.

Herndon Trial Lawyer Doug Landau’s young client sustained a fractured collarbone, compartment syndrome, and multiple contusions.

The defendant fought the traffic charge, resulting in a 92-page General District Court transcript!
Because the defendant and his insurance company would not accept full responsibility for this event, the athletes lawyer filed suit in the Circuit Court of Montgomery County. (more…)

One recurrent question clients and their families ask is, “Why does the federal government take so long to get to, and then decide, our Social Security Disability case?”

A huge number of cases are filed each year, and there are several stages at which they can be denied or delayed. As the graph on page 3 demonstrates, our best chance for success seems to be at the Administrative Law Judge (ALJ) level. Presenting our case, our client, and their witnesses at a hearing before a live human being has been successful in many, but not all, cases. After the ALJ hearing level, the statistics fall off, with the additional delay and expense of federal court litigation.

The 2007 National Ranking Report lists the average processing time nationally as 508 days. Hearing offices in which we have tried cases have processing times as follows: Charleston (473), Washington (417), Richmond (388), and Tampa (614). Evidence tends to suggest that these cases will continue to take a long time, even though: no one is being sued; our clients are merely seeking the money that was set aside from their paychecks for many years; and, there is no inquiry as to whether the disability has more than one cause. If you or a loved one is disabled, call the team at ABRAMS LANDAU. We have experience with Social Security Disability Income cases, and Doug Landau has gotten clients benefits in states all over the country.

Our client was a 56-year-old union welder who was struck by a large, heavy pipe that slipped from a forklift-cable transport, injuring his right knee, right shoulder, back, head, and neck. This Virginia claimant also had a laceration to his head and lost consciousness. The treating doctors opined that the patient had reached maximum medical improvement, and that they had  little to offer the injured worker. The claimant was making $24/hour at the time of injury and had previously settled his unrelated Virginia workers comp claim for a finger injury.

In one of the unusual aspects of the claim, our office was shut down when this client was taken, by ambulance, from the meeting with the carrier’s nurse case manager !

An ambulance, firetrucks, and other rescue personnel were summoned to the Landau Law Shop in downtown, Historic District of Herndon as the result of a stress attack. Also, Mr. Landau’s billable hours, at his customary hourly rate, exceeded the percentage (20%) awarded by the D.C. Office of Workers’ Compensation (OWC). He voluntarily asked the OWC for a reduction in the attorney fees in this D. C. Comp case. This was granted by the claims section in its approval of the $200,000 lump-sum settlement.

All the drama about oil-tycoon widow and Playboy centerfold Anna Nicole Smith made clear what a mess famous people can make of things for their families and friends when they do not clean up their legal and financial affairs. Rather than go over the gory details of her messy life, what can we learn and what can be done?

Have a will
Even a simple one. Lawyers generally detest going to see lawyers for their own wills, but it is something that every adult, and especially those with children, should do. It will help avoid fights later; it will cause you to focus on things that are truly important to you; and it will enable your loved ones to celebrate your life without being tied up in the complicated laws of intestacy and distribution.

Plan for contingencies
The Smith will was written in 2001, before the birth of her daughter and the death of her son. You can avoid leaving an heir “out in the cold” by building in flexibility. You can have (more…)

Virginia pro-business Forbes Magazine confirms what workers’ compensation claimants and their families know: Virginia is pro-business

While housing and transportation issues plague Northern Virginia, the state continues to welcome businesses with open arms. This is the second year in a row that Virginia has finished in first place as the best state in the country for business, according to Forbes Magazine. Factors the magazine looked at included tax environment, quality of life, and economic and regulatory climates. Maryland ranked 12th this year, as compared to 11th last year, as it ranked 41st in terms of the cost of doing business there. The pro-business attitude in Virginia makes it very hard for advocates of injured workers to seek positive change in the legislature and the courts. Nevertheless, we will continue to seek justice on behalf of our clients and their families.

District of Columbia, United States District Court
Government Building - Premises Liability - Settlement
Settlement: $40,000, including a reduction of a worker’s compensation lien.
Judge: Royce C. Lamberth Settlement Date: 2/2007
Plaintiff’s Attorney(s): Douglas W.K. Landau, Herndon
Age: 47 Sex: F Occupation: Child care director Marital Status: Married

Facts: A government employee was injured in a premises liability claim Washington, D.C., when a defective security door gave way. She claimed defendant had notice of the defect and failed to fix the door or warn her of the potential hazard. Because the premises was owned and operated by the Federal Government, the plaintiff had to bring her case under the Federal Tort Claims Act (”F.T.C.A.”), which limits damages and claims against the government and is tried before a Federal Judge without a jury. The parties (more…)

In another case, Doug Landau went to Henrico Circuit Court for the infant (a minor under the age of 18) settlement of another dog-attack case.

Our now seven-year-old client was an invited guest at the defendant’s home for a Memorial Day weekend party. Within minutes of arrival, this two-year-old was attacked, pinned to the ground, and bitten in the face by the homeowner’s dog. She received seven sutures under her right eye. Presently, the scar is not readily apparent, and Mr. Landau noted that many children heal exceptionally well from this type of incident if treated immediately, if the scar is addressed in the short “window of opportunity” that exists after such an injury, and if no infection sets in.

The court-approved settlement resulted in funds being deposited with the Clerk of the Court for safekeeping. The settlement is then for the child’s use when she becomes of age. She can then use the money for scar revision (if she wants to undergo this elective procedure), school, or other needs. In many states, the
settlement of a case for someone under 18 years of age requires the approval of the court. This is for the protection of the children we represent.

The team at Abrams Landau, Ltd., has experience helping children, adults, and the elderly who have been injured by canine attacks. We have a history of successfully prosecuted dog-bite cases.

If you or someone you know has been the victim of an animal attack, please contact us so we can be of assistance. Getting the right medical care and immediate
legal representation in these cases is essential. There are time limits for pursuing your rights in every jurisdiction,and prompt investigation in these cases is critical.

If you are in a crash and your car is damaged, do not expect the insurance company to pay “full value” for: the vehicle, the remainder of your loan, or for your inconvenience in getting the repairs done. Our FREE REPORT helps those with car-crash cases get fair compensation from the insurance companies. Send for your copy today.

Under Virginia law, the at-fault driver (or their insurance company) is responsible for the LESSER of the fair replacement value or repair. Auto body shops are not all the same; knowing what happens “behind the scenes” could save you time, money, and headaches.

Kiplingers Personal Finance reports that…

1. Before you decide to have your car repaired at a particular shop, check the local Better Business Bureau and government consumer affairs offices for complaints or other problems. Some mechanics blame missed deadlines on delays in parts delivery. However, the unfortunate truth is that some shops take on more business than they can handle in a timely fashion. You may also want to know if they have the parts you need in stock or what their delivery time will be.

2. Generic or salvage parts are sometimes used to make repairs. Original equipment manufacturer (OEM) parts are designed to match precisely. They may also be safer. Car insurance companies prefer that repair shops use generic or salvage replacement parts because they are cheaper. If a crash is your fault, your insurance contract may say that aftermarket parts can be used. Or, your policy may state that if you use OEM parts, you are responsible to pay the difference in price. But if someone else is at fault in crashing into you, tell the repair shop to use OEM parts. (more…)

Dangerous Dog Registry is Latest Effort

Virginia has a Web site that lets citizens find dogs in their
county that have attacked a person or an animal and which a
judge has decided could cause injury again. The Virginia
Dangerous Dog Registry, modeled after the state’s sex-offender
registry, displays their mug shots, misdeeds, and addresses.

However, despite reports in the national press about the
killings of a toddler and an elderly woman in Virginia, the law
protects dog owners from liability for a first attack. Virginia is
one of 17 states that have a “One Free Bite Rule.” In other
words, the injured person must show that the dog owner knew
or should have known that the animal was dangerous by
presenting proof of prior bites! If you are the victim of a dog’s
first attack, in Virginia, the defendant might not be found
liable.

In a case involving an elderly Virginia woman who was
knocked down by a dog, we were able to get her compensation
by showing that the dog had nipped at neighbors and had other
“prior bad acts.” The Fairfax County Circuit Court judge noted
that we did not need to show a prior bite, only that the owners
had notice as to the dog’s dangerous propensities.