Landau Injury Law

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.

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.

Having grown up riding a bike, commuting to school and jobs on 2-wheels and racing in bike road races and time trials, I have seen some of the very best (and worst) of cycling. While most riders observe safety and common sense precautions, other riders and members of the peloton seem to want to increase their chances for crashing, broken bones and brain injury. My “Top 10″ list of things to do if you WANT to crash your bike and break some bones includes:

1. Talk on your cell phone, preferably with one or both hands off the handlebars. I rarely ride without my right hand firmly on the bar; I don’t know how to ride with “no hands.”

2. Eliminate your ability to hear people passing or shouting warnings by being completely “tuned out” via (more…)

A recent NY Times article began:

“Note to victims of accidents, medical malpractice, broken contracts and the like: When you sue, make a deal.”

That is the clear lesson of a soon-to-be-released study of civil lawsuits that has found that most of the plaintiffs who decided to pass up a settlement offer and went to trial ended up getting less money than if they had taken that offer.

“The lesson for plaintiffs is, in the vast majority of cases, they are perceiving the defendant’s offer to be half a loaf when in fact it is an entire loaf or more,” said Randall L. Kiser, a co-author of the study and principal analyst at DecisionSet, a consulting firm that advises clients on litigation decisions.

Defendants made the wrong decision by proceeding to trial far less often, in 24% of cases, according to the study; plaintiffs were wrong in 61%of cases. In just 15% of cases, both sides were right to go to trial — meaning that the defendant paid less than the plaintiff had wanted but the plaintiff got more than the defendant had offered.” While each case is unique and there are many factors that go into evaluating cases for trial and settlement, an experienced trial lawyer can help navigate the decision-making process. For the entire article, go to: www.nytimes.com/2008/08/08/business/08law.html?_r=1&hp&oref=slogin

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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I have been working with Tampa attorney Tom Young on cases of mutual interest. He has also helped to found InjuryBoard, which is a network of lawyers committed to combating tort reform and those who would take away the rights of individuals to get a fair trial in this country.

InjuryBoard is a growing community of attorneys, media professionals, safety industry experts, and local activists, committed to making a difference by helping families stay safe and avoid injury, and helping those who are injured get the assistance they need to move on with their lives after an accident.

InjuryBoard has “Help Centers” that are an online collection of the best information, professional opinion, and practical advice to help you and your family stay safe and avoid accidents. If you or a loved one are injured, the Help Centers will help (more…)

In addition to comparing notes with attorneys from all over the world, Herndon Reston area injury lawyer Doug Landau gets to meet up with counsel closer to home. Shown here at the Exhibition Hall of the Annual American Association for Justice Meeting are Doug Landau of ABRAMS LANDAU, Ltd., Steve Garver of Reston and Barbara Williams of Leesburg. These are excellent lawyers, lecturers and friends. Garver sometimes sits as a substitute Judge in Leesburg and Fairfax Counties. He also sponsors the annual running race at the Virginia Trial Lawyers Meeting each Spring.  Garver is counsel in the companion case presently up on appeal to the 4th Circuit Court of Appeals where his client got a Judgment of $15,000,000 and Landau’s client received $21,000,000, against a negligent driver with limited insurance.

I can tell you this, it’s not because I like to read insurance policies !The reason I ask for copies of MY OWN CLIENT’S Insurance policies is so that I can see what coverage is available in case the driver who crashed into them has no insurance (or very low limits of liability coverage).  The insurance policies on other cars and vehicles in my client’s household are also important.  There may be additional insurance protection from a spouse, parent or other relative’s insurance.  In those cases where the Defendant driver has no car insurance, the insurance my clients and their families may have is critical.  It may enable my clients to get full or more complete compensation.  The insurance company pays the judgement and then can pursue the negligent defendant for their money in what is known as a “subrogation claim.”  So, that is why I ask to look at ALL the insurance policies to see what coverages may be available to help pay for what has been broken, repair what needs to be fixed and provide resources for healing and care.

In order to gauge the likely value of a case, the ABRAMS LANDAU team looks at a number of things, whether the client is involved in a car wreck, bicycle crash, slip and fall, dog attack or are injured due to a defective product, dangerous premises or other negligent conduct.  One of the best indicators is looking at jury verdict, mediation, arbitration and settlement amounts from similar cases in the same or similar jurisdictions.  This often requires Herndon Reston area injury lawyer Doug Landau use computer research.  Lauren Holtzman, shown here, utilizes the expensive Lexis-Nexus programs the firm pays for as well as other state, local and national sources.  We also look at our own, internal data in order to narrow the range of expected jury verdicts.  We also look at collectibility and assets in order to determine whether, once we win, we can economically collect compensation for our deserving clients.  

The trial team at ABRAMS LANDAU, Ltd. get calls from all over the country from victims of negligence, assaults and permanent injuries.  We are often asked (or told) “there’s a formula to these cases, isn’t there ?”When a brain-injured client’s parent tells me, “My neighbor’s friend’s dentist said that you just multiply the medical bills times three and that’s what you get for settlement” it is hard to explain that this has no basis in reality.  If this was true, then the woman I represented who slipped, fell and then lost her ability to have children would not have been able to seek more than just her Emergency Room bills.  If there was a formula of “three times specials,” then my younger clients, who miss time from school, would not get fair compensation.   A homemaker or person who could not get medical care (i.e., no CT Scans, x-rays, heavy pain medications) because they are pregnant, would be treated unfairly.  And those people who seek out unethical lawyers and over treat or go to unscrupulous doctors, would be unjustly enriched.  So, there is no “magic formula.”  It would not work in the majority of our cases, and we do not apply it in setting our demands, amounts sought in court or accepted in settlement.  At our Herndon injury law shop, we try to help people with all kinds of injuries, losses and cases.  Every case is unique and special.   See tomorrow’s post for more information on how Doug Landau and the ABRAMS LANDAU team evaluates injury, disease and disability cases.