Landau Injury Law

Virginia and DC Workers Compensation lawyer Doug Landau suggests disabled workers and their families: get counsel, get the claim filed and get under the protection of an Award, even if they are getting comp benefits already

Virginia workers comp lawyer Doug Landau is often asked this question.  The short answer is, “NO.”  Comp insurance companies may voluntarily pay for medical care or lost wages, and it seems as though they do so for commendable reasons.  However, Warrenton, Bristow and Vint Hill workers compensation lawyer Landau has seen too many cases where the insurance company cut off benefits after getting a taped statement; a favorable medical report; a nurse’s suggestion; a private investigator’s report; videotape; or word from their lawyers that the time limit has run out against the injured worker’s claim.  Filing an accident report with the employer or insurer is not sufficient; the claim MUST be timely filed with the Virginia Workers Compensation Commission (”VWCC”).

This is why it is so important to the ABRAMS LANDAU workers comp trial team to get the claim properly filed and an AWARD entered in Virginia.  An AWARD is a Court Order, from the Virginia Workers Compensation Commission that sets forth the “who, what, where, etc.” and calls for the payments of wage loss and other kinds of compensation benefits, including medical care.  It does not matter if the worker has sustained a brain injury, a herniated disc in their spine that paralyzes them or has been killed.  The “clock” starts running immediately.  Even those job accidents that involve car or truck crashes or other potential “third party liability” claims, the disabled worker must still file with the VWCC.  When there is no AWARD, there is no requirement that the Insurance company or the employer do anything for the disabled worker or a deceased employee’s grieving family and dependents.  That is one reason why, in work accident cases where there is lengthy disability from work, surgery, permanent injury and/or death, experienced legal counsel should be retained immediately.  The Insurance Company has lawyers on retainer and present at every Hearing; so should you!  Just because you may have received some of wage loss money or gotten some medical bills paid, you should still retain an experienced workers comp lawyer to help you.  You cannot rely on the insurance company, employer or their agents to protect you.  They are in the business of making money (or saving their money), not being “Mr. Nice Guy.”

If you or someone you know has been injured or killed in an on the job accident, even if they are getting some workers comp benefits, please e-mail us at ABRAMS LANDAU, Ltd., or call 703-796-9555 today.

In light of grosing evidence of susceptibility to increased brain injury after initial head trauma, the Pentagon is instituting new protocols for soldiers who may have suffered from traumatic brain injury (”TBI”).  Troops caught near a roadside blast or in related vehicle crashes will be pulled out of combat for 24 hours and checked for a mild traumatic brain injury.  This will be the case even if the soldiers appear unhurt or say they are fine, according to a treatment policy the Pentagon is planning to release.  Because the brain is at greater risk for permanent injury right after such head trauma, giving thee soldiers time to recover, heal and get help is a smart move according to Herndon and Reston brain injury lawyer Doug Landau of ABRAMS LANDAU, Ltd.

“The sooner you’re able to treat somebody and get it right, the higher the probability you’ll reduce the long-term impacts (of brain injury). So speed is really important here,” according to Admiral Mullen, chairman of the Joint Chiefs of Staff, who pushed hard for the policy change.  The policy change stems from growing concerns that troops suffer mild traumatic brain injuries (TBI) in combat – or more than one – and they go undetected, Mullen told USA TODAY. “We need to treat … more quickly and then we need to keep track of people,” he said.  The new policy is a major expansion of battlefield medicine because it treats troops based on what happened to them, not just visible wounds, said Air Force Col. Jaffee, director of the Defense and Veterans Brain Injury Center.  For the rest of the USA Today story.

Teen brain injury lawyer Doug Landau reminisces with a High School buddy about things they did "without thinking"

As a parent who has survived 4 teenagers, Chantilly and Centreville area lawyer Doug Landau has seen first hand what neuroscientists are discovering about teenagers’ brains.  It’s not, as comedian Bill Cosby asserts, that “they have brain damage !’  Rather, a crucial part of the brain — the frontal lobes — are not fully connected.

According to a recent NPR report, it’s not that teens don’t have a frontal lobe. They do.  And they can use it. But they’re going to access it more slowly.  That’s because the nerve cells that connect teenagers’ frontal lobes with the rest of their brains are sluggish. Teenagers don’t have as much of the fatty coating called myelin, or “white matter,” that adults have in this area.

When discussing nerve and brain injury with his own car crash and traumatic brain injury clients, Landau has described it as “insulation on an electrical wire.”  Nerves need myelin for nerve signals to flow freely.  Spotty, incomplete or thin myelin leads to inefficient communication between one part of the brain and another.  Social Security Disability clients with demyelinating diseases suffer an inability to control nerve impulses, often resulting in motor function loss or spasticity.  For the full transcript or podcast of this superb news report or to download a podcast, go to NPR.

Slip and fall and trip and fall cases are not limited to injuries on dry land according to Alexandria, Fairfax and Leesburg injury lawyer Doug Landau.  In a recent case out of South Florida, the injured plaintiff was on a cruise ship at the time of the fall.   The plaintiff fitness instructor  alleged he was injured when he slipped and fell on a wet floor at a cruise ship spa

According to the premises liability lawsuit, the 42-year-old fitness instructor who worked for Miami-based Steiner Transocean, sustained a back injury and became incontinent and impotent as a result of the fall in 2006.  The case was tried in Miami-Dade Circuit Court.  Plaintiff’s counsel told the newspaper that the verdict included damages for economic losses, medical expenses and past and future pain and suffering. The South Florida jury awarded $9.5 million.  The defendant Steiner Transocean, which operated the spa on Norwegian Cruise Line’s Norwegian Crown, filed papers seeking a new trial or a reduction of the jury award.  Miami-based Norwegian Cruise Line previously settled out of court.  There are special rules and time deadlines for bringing claims on cruise ships and for injuries that occur on “the high seas.” If you or someone you know has been injured on a cruise ship or other ocean going vessel, please seek legal counsel at once.

The Olympic motto is “Citius, Altius, Fortius.”  These Latin words mean “Swifter, Higher, Stronger.”  But at this winter’s Games in Vancouver, perhaps the motto should be “too fast, too steep, too dangerous !”

Concerned about injuries and death on the slopes of the 2010 Winter Olympics, Herndon sports injury lawyer Doug Landau wonders about the safety engineering at these Games

I had previously noted the fatal crash that killed the Luger from Georgia.  As pointed out by my new American Association for Justice friend and fellow New Jersey trial lawyer Anthony Sellitto, of Toms River, “the young luge athlete from Georgia loses control around a bend – hits the opposite wall and becomes airborne.  The video link is graphic.   The design problem is that right along the track they have a row of steel columns right next to the track that support the roof over it.  Sort of like the columns in the tunnel that killed Princess D.”   The Georgian Olympic athlete flew right into a column.  Why would anyone build something like this without thinking of what would happen if someone left the track which is expected to happen on a luge course from time to time ? I wonder if they send down unmanned, but weighted luges to see what happens once the course construction is completed.

Slowing this course down isn’t the answer – because luge athletes can lose control at slower speeds and become airborne at this curve.  They have to put up some type of protection in between or alongside the columns – sort of like a Jersey Barrier.  That’s what these Jersey boys think.  Engineering design requires that the greater the potential injury, the greater the care to prevent such harm that is required.

ABRAMS LANDAU negligence, liability, personal injury & jury trial paralegal Krisin Tanzi and her canine assistant

Another friendly, experienced and helpful voice ABRAMS LANDAU clients and their families have come to appreciate is that of Kristin Tanzi.  If a case involves negligence, liability and jury trial issues, Mrs. Tanzi will likely be interacting with you along with law clerk Shawn Shook and Landau Law Shop founding partner Doug Landau.

Recently, she helped Mr. Landau successfully conclude a dog bite case in New Jersey, prepare a trucking negligence case in Georgia and an airport cart crash case in Florida.  Legal assistant and paralegal Kristan Tanzi has experience working for law firms in New York and Texas before joining the Herndon Reston area law firm.  The Ashburn area paralegal’s responsibilities include:
•    Intermediary between attorney and clients, opposing counsel and justice system personnel
•    Drafting and filing of pleadings and correspondence (i.e., Interrogatories, Discovery Requests and Responses, Settlement Agreements)
•    Discovery preparation (i.e. correlation of client’s discovery responses)
•    Preparation of insurance claim forms for clients; Correspondence with insurance companies regarding clients claims
•    Trial preparation and attendance
•    Case file and client management
•    Scheduling appointments and court dates
•    Deposition coordination
•    Screening of potential clients
•    Docket control

Oakton Chantilly Bike crash lawyer Doug Landau always wears his helmet, whether racing, touring or training

As hard-headed as he is, Oakton Chantilly injury lawyer Doug Landau still wears a helmet whenever he rides his bike.  Landau was pleased to see the recent results from Bicycle Helmet Safety Institute testing.  The Bicycle Helmet Safety Institute (”BHSI”) submitted samples of six helmet models to a leading U.S. test lab: three in the $150+ range and three under $20. The impact test results were virtually identical. There were very few differences in performance among the helmets. The  conclusion: when you pay more for a helmet you may get an easier fit, more vents and snazzier graphics. But the basic impact protection of the cheap helmets tested equaled the expensive ones.

The results are a testimony to the effectiveness of our legally-required CPSC helmet standard. Although the testing sample was small, the testing indicates that the consumer can shop for a bicycle helmet in the US market without undue concern about the impact performance of the various models on sale, whatever the price level. The most important advice is to find a helmet that fits you well so that it will be positioned correctly when you hit.  The BHSI has a page up with details of the testing.  If you or someone you know has been injured in a car, truck or bike crash while riding their bike, e-mail us at ABRAMS LANDAU, Ltd., or call 703-796-9555 today.

The front page of the Washington Examiner screams, “A pothole ate my car.”  While this may seem like sensationalistic journalism, DC car crash and injury lawyer Doug Landau has actually won a case for driver injured by a pothole.

Doug Landau has helped motorists, bikers and athletes injured by potholes, snow, ice and roadway defects

In Landau’s client’s case, the motorist was driving under L’Enfant Plaza, when suddenly, and without any warning, her car was stopped dead.  When she came to, she got out of the car and saw that her front wheel was completely in a large pothole in the darkened underpass.  The pothole had filled with melting snow, and so there was no way for Landau’s client to see the dangerous hazard.  The case went to court in the Superior Court, where experienced  D.C. trial attorney Doug Landau was able to cross examine the District of Columbia’s roadway expert witness so effectively, that he was able to get concessions as to the ability of freezing water to break up concrete and create a dangerous driving hazard.

Reporting potholes so that they will get fixed and other will not get injured or have their cars, trucks or bikes “eaten”:

• Arlington: 703-228-6570
• Prince George’s County: 301-952-0555 or 301-776-7619 (upper county)
• Fairfax: 703-383-8368
• Montgomery: 240-777-6000 »  District: 311
• Maryland State Highway Administration: 800-323-6742

Doug Landau has lost hubcaps due to potholes in Virginia, and has driven disabled clients to their Social Security hearings in the District when the roads are unsafe or there is ice and (more…)

Herndon Virginia Mediation, Arbitration and Alternative Dispute Resolution Lawyer Doug Landau of ABRAMS LANDAU with his latest TRIAL Magazine article

While the ABRAMS LANDAU team prepares every case for trial, our success in Mediation, Arbitration and other forms of “Alternative Dispute Resolution” has resulted in Herndon disability and injury lawyer Doug Landau being asked to write, speak and teach for the State and National trial lawyer associations.  Landau teaches for the “non-profit” organizations committed to helping innocent victims and disabled persons and their families.  Landau is not paid for teaching, writing or lecturing for these groups.  This was his second major article in 2009 for TRIAL magazine, a peer-reviewed journal sent to judges, lawyers and schools around the world.  Herndon’s injury and disability lawyer has been contributing articles to TRIAL since the 1980s.

In addition, Landau was also a presenter at the American Association for Justice’s (AAJ) 2010 winter convention.  The topics discussed at the “Litigation at Sunrise” session, included:

• *Birth Defects Suffered by Children Whose Parents Are Exposed to Chemicals Used in “Clean Rooms” — Frank Verderame, AZ
• Pool Safety: Drain Entrapment — Dennis M. Lynch, IL
• How I Learned to Relax and Love Mediation — Douglas K.W. Landau, VA

If you have questions about Mediation, Arbitration and other forms of “Alternative Dispute Resolution,” please contact us at ABRAMS LANDAU, Ltd., 703-796-9555

The death of a young Luge athlete from Georgia  and a U.S. snowboarder suffering a serious brain injury on the halfpipe during a December practice remind us of the risks inherent in Winter Olympic sports.  While Ashburn accident lawyer Doug Landau notes that while winter sport injuries can  be permanent, athletes do not normally have legal claims since they are presumed to have “assumed the risk of harm.”  The winter triathlete lawyer points out that if an injured sportsman tried to bring a claim for his injuries in Virginia, a judge would instruct a jury that:

• “If you find by the greater weight of the evidence that the injured athlete fully understood the nature and extent of a known danger and if the disabled sportsman voluntarily exposed himself to it, the competitor assumed the risk of injuring himself from that danger.  The injured plaintiff CANNOT recover for injuries that resulted from assuming the risk of a known danger.” [from Virginia Model Jury Instruction 6.100]

This rule applies in Virginia and some other states no matter how serious or disabling the injuries.  Even if the sled or skiing crash or snowboarding fall results in death, this very strict common law rule applies in this jurisdiction.  According to a report in today’s USA Today there have been other serious winter sport injuries, including short-track speed skater J.R. Celski gashing his leg in a crash at the U.S. Olympic trials and several Alpine skiers injuring themselves on icy slopes.  Sports writer Vicki Michaelis notes that, “this season has brought a series of reminders of the perilous nature of many ratings-grabbing winter events.”  Lawyer Landau hopes that the remainder of the Winter Olympic Games are safe, injury-free and wonderful to watch.