Landau Injury Law

In personal injury cases, if the car crash, dog attack or injury residuals results in your being unable to perform your job, your second job, your seasonal work or even your weekend job, these losses can all be combined in the claim for compensation and jury trial.  There is no requirement that they be similar kinds of work or that they be done in the weeks leading up to the accidental injury.

In Social Security Disability Income cases, the Federal government adds up your earnings from ALL sources, regardless of their similarity, or even their having been performed close in time to the date of onset of the disabling medical condition.

Lastly, in workplace injury cases, the Virginia Workers Compensation law provides that the wages from “similar employment” can be combined.  The Virginia Court of Appeals has stated that, “When an injured employee is disabled from performing his employment duties, the employee’s earnings include the earnings from two or more jobs that are substantially similar.”  In determining whether two employments are substantially similar, the Commission considers each job’s particular duties and general nature.  In addition to determining whether the jobs involve the overlapping of specific duties and skills, the Workers Compensation Commission also looks to the primary mission of both employments.  Shown here with injury lawyer Doug Landau is an ABRAMS LANDAU client at our Herndon, Virginia office building, with her settlement check, which included her wage loss from both the job where she injured her cervical spine AND her SECOND JOB as well.

There are multiple types of brain injury from a car or truck crash. Rapid acceleration and rotational forces can send the brain bouncing around inside the skull.  There can be impact with the front windshield or side windows.  There can even be impact with an exploding airbag.   These forces can twist or tear axons. Axons are the long, thin fibers that connect nerve cells. This tearing, or shearing, can cause bleeding and swelling in the brain. This swelling and bleeding can cause further injury. In animal studies, there are signs of neurodegeneration. Neural fibers break down, triggering cell death.

About half of the victims of concussions recover quickly. In the other fifty percent, the the symptoms can linger indefinitely. Approximately 10% of the people who suffer concussions have problems severe enough to interfere with their activities of daily living (”ADLs”) and work. If you or someone you know, has sustained a concussion or traumatic brain injury from a car crash, explosion, fall or other impact of the skull, seek medical attention. If your head has been subjected to rapid acceleration or deceleration forces, and you have: severe headaches, difficulty sleeping, problems with memory and concentration, lapses in balance and coordination and changes in personality, seek neurological help at once. Reinjuring the brain while it is still in a vulnerable state can lead to serious, lifetime injury. Subtler damage may accumulate, leading to depression and cognitive decline, such that previously simple mental tasks become major challenges. If these symptoms are due to a crash or other accident caused by someone else’s negligence or carelessness, please call our office so that we may help. At ABRAMS LANDAU, Ltd., we have the resources to help victims of brain injury and their families.

This was the question posed by a damaged disc injury victim before retaining experienced leesburg lawyer Doug Landau. While it is a good idea to get the property damage and car repairs taken care of right away, the injuries from a car crash or dog attack can take months to heal.

Nevertheless, retaining a lawyer to protect your interests is important, and the earlier, the better. In many cases, an experienced lawyer can make sure the liability investigation is performed in a timely fashion, records are preserved and evidence is not destroyed. Trial lawyers can help with coordination of benefits and collection of medical and other records of losses such that insurance reserves can be adequately set. At ABRAMS LANDAU, Ltd. we protect our clients from inquisitive adjusters and investigators, and being taken advantage of by the insurance companies. Plus, insurance representatives can stall so that the injured victim’s are bamboozled and their claim is time-barred. Our law office educates clients as to their rights, monitors their claims and medical care, and helps them conclude their injury claims in a timely fashion. In fact, we will often decline to represent injured persons who come to us long after their car crash, dog attack or other accidental injury because many prejudicial actions may have already taken place. Just as a master builder prefers to build their own sturdy foundation, our law firm prefers to start the case at the beginning, not at the end. No matter how good a lawyer may be or how much time, effort and personnel they commit to a case, if the case’s was not properly begun and its foundation is”shaky,” then the end result may not meet with the client’s expectations.

Government regulators have long been alarmed by the fact that the number one killer of teens remains car crashes. Among the risk factors are:

• driver fatigue
• cell phone use
• night time driving
• driving with multiple teenage passengers

According to the National Highway Traffic Safety Administration (”NHTSA”), teens are more likely to takes risks such as speeding - a contributing factor in 30% of all fatal crashes. Injury and disability lawyer Doug Landau finds that young drivers often feel invincible and powerful behind the wheel. “They do not truly appreciate the power, speed and momentum of a moving, several thousand pound vehicle,” he observed. Landau adds, “Some teenage Defendants who have caused permanent physical impairment and brain injury do not fully comprehend the extent of their actions and their consequences.” Teens are also less likely to wear safety belts than older drivers. This combination of risk taking and not wearing safety equipment yields catastrophic results, according to Herndon Reston car crash lawyer Doug Landau of ABRAMS LANDAU, Ltd.

Text messaging on the road is a recipe for disaster. Dialing on the cell phone is not far behind. In the Wall Street Journal’s “CARS” section, a recent piece in “Eyes on the Road” looked at differences between older and younger motorists. The WSJ noted “older drivers often know how to manage distraction better than younger ones.” According to a major insurance company researcher, an older driver using a cellphone on the road will dial a digit, look up, dial another one, and look up again.

On the other hand, teenage driver will often dial an entire phone number, eyes on the handset, taking her eyes off the road for a longer and more dangerous period of time. The five seconds or so it takes to dial a phone number goes by quickly. But a car traveling 60 miles per hour will roll 440 feet in those few moments — unless it hits the rear end of the vehicle that was 30 feet ahead when the dialing started. Even at 45 miles per hour, according to Herndon Reston area car crash lawyer Doug Landau, a car will travel 110 yards in these 5 seconds. You can check this out online your teenage driver. That is longer than a football field. A driver taking their eyes off the road for the length of a football field while dialing in numbers on the ever smaller number pad and driving what is really a small tank, is a deadly combination. At ABRAMS LANDAU, Ltd. we ask that you please avoid dialing and texting while moving.

The Wall Street Journal reports that the major auto insurance company which insures about one in five cars on American roads, recently reviewed its auto accident data from 2003 to 2007 and discovered that the number of claims for injury or collision damage involving drivers age 16 to 17 was 20% higher in October than in a typical month. These “spooky findings about October and accidents involving teen drivers could be just the hook parents need to start a conversation with their all-knowing offspring in honor of National Teen Driver Safety Week, which is Oct. 19-25.”

Some 1,007 parents were surveyed about how they teach their kids to drive. They were asked what rules they enforce. 94% said they have put some restrictions on their teenagers yakking on a cellphone while behind the wheel. Do you put restrictions on your young drivers ? There are enough distractions on the road. Tell them they can pull over to make a call. Better late and alive. Be safe.

Virginia and Fairfax County Police are concerned about two-wheeled traffic in light of the increase in the numbers of motorcycles and scooters. With the number of riders increasing, the potential for accidents is also likely to rise according to a recent article in the Fairfax County Times. At ABRAMS LANDAU, Ltd., we have helped people who have been in motorcycle crashes when they were struck at an intersection, by a car leaving a parking lot, by being rear-ended at a light and even by a door being swung into their path by a parked car. In one Fairfax, Virginia case, Herndon Reston area motorcycle lawyer Doug Landau had evidence from his client’s boss, who happened to be driving his car directly behind the injured plaintiff, to counter the defense lawyer and insurance company’s allegations that the crash was the cyclist’s fault.

According to the Department of Motor Vehicles’ Virginia Highway Safety Office, there were 2,595 motorcycle crashes and 126 motorcycle-related fatalities statewide in 2007. This is an 80 percent increase over 2006 figures, and a 286 percent increase over the number of motorcycle deaths reported in Virginia in 2001.

Alcohol is also a factor in the increasing numbers of Virginia motorcycle deaths. According to AAA Mid-Atlantic, (more…)

With drivers increasing their hours on the road in order to make up for lost profits due to the rising costs of gas, truck rollover accidents are not such rare occurrences on the roads. At ABRAMS LANDAU, Ltd. we have seen cases involving the negligence of truck drivers that have caused permanent injuries to our clients. We have also tried cases where there was a violation of the laws that set limits on how many hours in a 24-hour period a trucker can operate his or her rig. Furthermore, there are rules about equipment, medications, mandatory rest breaks and training that if violated, can lead to a finding of negligence against the trucker and the trucking company.

“YES.” At Abrams Landau I have seen too many cases where the driver who caused the crash say “It’s my fault.” at the scene, only to recant later at Traffic Court, after a lawsuit is filed, and even at the trial of our client’s injury case. Our Herndon Reston area injury and car crash law firm has also seen cases where the facts seemed clear at the crash site, only to be disputed later by the negligent (and sometime drunk !) Defendant driver’s insurance company and their lawyers.

When in doubt, call the cops. The police can make a full investigation, get witness information and take measurements at the scene before the vehicles are moved and the “debris field” is disturbed. Plus, if the police are not contacted, there will likely not be any Traffic Court hearing, with the potential for a helpful Court transcript. “When in doubt, call them out.” If your injuries are too severe to call for help, have the first responders call law enforcement. When you are injured in a car crash, you have other things on your mind other than investigating the causes of the crash and who is at fault. The police accident reconstructions teams have special training. Let the pros investigate the crash while you focus on getting prompt, helpful medical care.

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.