Landau Injury Law

Herndon and Reston premises liability lawyer Doug Landau notes that immediate investigation is needed in PTSD and head injury cases

Herndon head and facial injury lawyer Doug Landau helped write the Premises Liability books for Lexis Nexis over 25 years ago.  During that time, the ABRAMS LANDAU trial lawyer has helped people severely injured by dangers and defects on property and in buildings.  This includes injuries caused by slippery surfaces, defective steps, missing railings, broken curbs and falling objects in Virginia, New Jersey, Florida, Connecticut, Carolina and the District of Columbia.

In a case from Monmouth County, New Jersey, a light weighing approximately 20 pounds fell from a pull down attic stairs and injured an innocent plaintiff.  The plaintiff was a real estate agent and she was showing a home to a prospective buyer.  The realtor sustained several injuries, including a laceration to her lip and chin, dental injuries, fractured fingers, and post traumatic stress disorder (”PTSD”).  The plaintiff realtor contended that the defendant homeowner negligently kept a 10-20 pound light on the pull down attic steps, resulting in the light falling and striking her as she was showing the home to a prospective buyer. The plaintiff contended that she did not exercise any control over the manner in which the light was stored and that the jury should be instructed regarding Res Ipsa Loquitur.

The real estate saleswoman required 60 sutures.  She contended that the moderate facial scarring was permanent in nature. The plaintiff also contended that she sustained several loose teeth, fractures to the left forefinger and thumb which will cause permanent pain and restriction and bruising to the left forearm that resolved.  The plaintiff also maintained that she suffered a post traumatic stress disorder that caused anxiety, flashbacks of the event and difficulties sleeping. The plaintiff’s psychiatrist would have given testimony supporting her injuries and a guarded prognosis.  The defendant contended that any emotional reaction essentially resolved and that the dental and finger injuries resolved.  The case settled prior to trial.

Because there are strict time limits for claims against property owners, building managers and homeowners,  if you or someone you know has been injured in an premises liability or other accident caused by someone else’s negligence or fault, e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) at once.

WInchester area lawyers at the Virginia Trial Lawyers Annual Convention in Williamsburg

“We know Doug Landau travels all over Virginia and the East Coast, but how does he manage local issues that might affect a case ?”  This is not an unreasonable question.  Herndon Reston and Dulles Airport area in jury lawyer Doug Landau has built up a network of lawyers all over the country who have helped him over the years.   Landau regularly participates in answering and asking questions on national and statewide listServs, travels to teach lawyers all over the country and fosters networking among trial lawyers for injured people and their families.  These lawyers routinely help ABRAMS LANDAU with questions about local doctors, car crashes, premises liability cases, Social Security Disability and workers compensation claims.  Shown here with top Winchester area lawyers Nate Adams and Nick Parthemos at the Virginia Trial Lawyers Association meeting in Williamsburg, Landau has fostered good working relationships with them and other Clarke County attorneys.  These good relations enable workplace injury and car crash lawyer Landau to better assist his disabled clients, wherever their case may arise or they may live or work.

In a word, according to Herndon Reston workers comp lawyer Doug Landau, “NO.” Insurance company agents, especially their defense lawyers and so-called “nurses” and “medical case managers” routinely try to go behind our backs and talk to the doctors without the patient or their lawyer’s being present. This is called an “ex parte” contact, and it is a dishonest and cowardly practice.  ABRAMS LANDAU clients with traumatic brain injuries, occupational diseases, fatal conditions and facing surgical decisions have all seen these “nurses” try to insert themselves into the case and interrupt their relationship with their trusted physicians, therapists and family doctors. I have seen defense lawyers from major law firms go visit our client’s treating doctor and represent that THEY were the claimant’s physician ! While the insurance company, the defense lawyers and the third party administrators are allowed to look at medical records when a workers compensation claim is made, there is no law that saws they are allowed to breach the “physician-patient relationship” and talk to the doctors any time they want and outside of the presence of the patient, their family and their counsel.

The Virginia job accident case of Carter v. City of Falls Church Public Utility, V.W.C. File #130-05-07 (1990) gives guidance. My friend and former Alexandria workers compensation trial judge and later Commissioner William O’Neil ruled on this very issue. Commissioner O’Neill held that the employer and insurance company have no enforceable right to oral communication with a physician. It appears to still be good law 20 years after it was written ! The Virginia Workers Compensation Commissioner wrote:

• “Oral communication between a party or servicing agent and a physician is not conducive to insuring a dependable exchange of medical information between the parties as required by [then] Rule 17 [now Rule 4.2]. The Commission will not enforce a right to oral communication with a physician except through an authorized deposition. To do otherwise would result in “ex parte” communications which may never be reduced to writing and which would result in innumerable controversies and encourage circumstances which would not be conducive to productive interaction between physicians and their patients.”

If you or someone you know has been injured in an accident at work, and the insurance company is interfering with their medical care or doctors’ appointments, e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) at once, as it is very hard to undo the damage caused by this dishonest and cowardly practice.

The scene as I left Oakton Woods during this morning's Fairfax rush hour bike crash between Reston Parkway and the Fairfax County Parkway in Oak Hill, Virginia

Having seen and assisted at more car, truck and bike crashes than I can recount, I was nevertheless shaken this morning by the scene outside my neighborhood.  A biker had apparently been hit by a car and badly injured at West Ox Road and Ashburton in the Herndon – Oakton Woods area of Fairfax County, in Northern Virginia.  Emergency Medical responders and Fire and Rescue teams were dispatched quickly and several motorists had already stopped to render assistance to the fallen cyclist as he lay on the pavement between the two corners of Ashburton, across from Franklin Oaks Drive.

Before loading the injured cyclist into the ambulance, Fairfax County EMTs assess, secure and prepare to transport the injured biker this morning after an apparent crash at West Ox Road and Ashburton Avenue across from Franklin Oaks Drive

The EMTs and ambulance came to the scene of this rush hour bike crash and immediately set about to assess and then treat the injured athlete.  This car and bicycle crash occurred between Oak Farms Drive and the Fairfax County Parkway (Route 7100), about exits North of Fair Oaks Hospital.  The injured cyclist was being loaded onto a stretcher and had been placed in a neck brace to protect his neck from spinal cord damage as we were allowed to pass.  It brought home the fact that bike crashes can happen around the corner as well as far away on the trails, tours and race courses.  Our thoughts and prayers go out to the injured cyclist and his family, and we hope that he gets appropriate medical care and recovers quickly.

If you or someone you know has been injured as the result of a bike crash, car accident or sports injury, please contact us by e-mail at ABRAMS LANDAU or call (703)-796-9555.

David Carson, moderator Deborah Waters & Doug Landau at the Annual VTLA Tort Law Seminar after the presentation on creative personal injury settlement packages and professional demand letters in Roanoke

Teaming up with another outstanding defense attorney enabled Herndon and South Riding area injury lawyer Doug Landau to show lawyers from South West Virginia how to maximize recovery for their disabled clients.  Roanoke defense lawyer David Carson of Johnson, Ayers & Matthews the view from the insurance company perspective in a “Point Counterpoint” presentation.  The Roanoke audience at this year’s Annual Tort Law Seminar heard from outstanding VTLA speakers as well as judges. Landau and Carson discussed personal injury settlement demand packages.

The two experienced Virginia trial lawyers gave their views and fielded questions from the audience, made up largely of attorneys who had been practicing for many  years.  Carson discussed some of the mistakes made by by lawyers who hold themselves out as being “personal injury lawyers,” but who do not actually try cases, invest properly in their disabled clients’ cases or even go to court.  Doug Landau showed effective ways of proving losses as the result of car crashes, dog attacks, bike accidents and slip and fall incidents.  If you would like to see Mr. Landau “in action,” please e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555), as his calendar is an “open book” for trials, speeches, races and meetings.

Doug Landau and his assistants know that it can take a very long time for a Social Security Disability case

Social Security Disability lawyer Doug Landau is often asked, “How long will it take for my disability case to get to court ?”  In prior posts this week the Herndon, Franklin Farms and Reston area lawyer examined denial and allowance rates as well as the number of claims heard by area Social Security offices.  The “National Ranking Report” published in the Social Security Forum this spring shows the processing times for offices throughout the United States for the month ending in March of 2010:

Rank    Hearing            Processing Time

1        Middlesboro        252 days
16        Charlottesville    336
25        Richmond        354
77        Baltimore        444
80        Greensboro        453
90        Tampa            463
118        Newark            514
135        Miami            556
139        Charleston        568
144        Anchorage, AK    642

If you or someone you know is permanently disabled, please e-mail or call us at (703-796-9555)  there is also additional information at ABRAMS LANDAU, Ltd.

Herndon and Loudoun disability lawyer Doug Landau is often asked, “How many cases does Social Security actually approve at the first 2 levels before I have to go before an Administrative Law Judge ?”  “What are the National, Regional and Middle Atlantic States’ averages ?”  “Doesn’t the Federal Government just deny every case ?” “Must you have a spinal cord injury or traumatic brain injury in order to win a Social Security case ?”

The Virginia disability lawyer notes that not every single claim is denied by the Federal Government at the initial and reconsideration levels.  While it is true that most claims are denied at the initial level, and the percentage of claims allowed at the reconsideration level is only about 14% nationally, there are a number of claimants who receive benefits at these levels.  According to the “Social Security Forum,” the Social Security Disability & Supplemental Security Income (”SSI”) Disability Claims Allowance Rates for the fiscal year 2009 for our area were as follows:

Initial Level        Reconsideration Level

• NATION                36.9%        13.8%
• REGION (Philadelphia)     36.4        13.9
• STATE:
• Delaware            42.9        10.1
• Washington, D.C.        40.5        17.0
• Maryland            38.7        18.9
• Pennsylvania            35.3
• Virginia                40.4        14.3
• West Virginia            26.4        8.2

It has become apparent to the ABRAMS LANDAU disability team that a claimant’s best chance of getting their full Federal Disability Income benefits is at the Administrative Law Judge (”ALJ”) level.   That is why it is important to get an experienced Social Security lawyer involved EARLY in the process.  Federal Disability forms filled out late or incorrectly can be fatal to a case.  If you or someone you know is permanently disabled, please e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555)

Paul Lesti & Doug Landau in the ABRAMS LANDAU law library during the economics & structured settlement expert's recent DC visit

Herndon, Ashburn and Sterling Park injury and workers compensation lawyer Doug Landau often counsels his disabled clients and their families as to the availability of “structured settlements.”  In other words, instead of a lump sum payment, clients and their families may be better served by monthly, yearly and even “balloon payments” in the future.  There are many kinds of annuity payments and structures.  In some permanent injury cases, the ABRAMS LANDAU trial team, working with experts, economists and annuitants, have fashioned periodic payments:

• that pay the claimant monthly for a set number of years
• that pay the client yearly for life
• that pay the injured child annually, on her birthday, with a lump sum payment for college when turns 18
• that pay the disabled worker every month for the rest of his wife’s life
• that pay a small monthly amount, with 4 large payments during the “college years”
• that pay monthly at one rate, then go to a higher rate at age 62 (retirement)

The best lawyers believe that the long-term welfare of their clients is of the utmost importance.  Many injured plaintiffs do not have financial advisors or other experts to help them plan for their future financial needs. Structuring a large workers compensation or personal  injury settlement or Mediation Award can reduce anxiety, tax consequences and avoid early dissipation of these important funds.  That is why the Landau Law Shop will retain a structured settlement expert, even when there already is an annuitant on the case for the insurance company or their agent.  By having this “second opinion,” the Herndon injury, disability and wrongful death law firm can have a second set of eyes make sure that their clients are getting fair rates, good returns and financial protection.

One such expert is Paul Lesti, with whom Loudoun, Prince William and Fairfax County injury and workers comp lawyer Doug Landau and his father have worked for over 2 decades.  Mr. Lesti came to visit the “Law Shop” while attending a conference in Washington, D.C.  He has been an invaluable resource in analyzing structured settlement offers, placing annuities, evaluating the “present value” of workers compensation Awards, and negotiating with the insurance companies.  If you or someone you know has been permanently disabled due to an on the job injury or other accident, please e-mail or call us at ABRAMS LANDAU, Ltd.

Doug Landau will use the professional medical illustrations prepared by MediVisuals in all four of his May Virginia Trial Lawyers Association presentations

Speaking on how to quickly and effectively settle, mediate and arbitrate personal injury and wrongful death cases, Doug Landau actually brought a dozen exhibits from cases that the ABRAMS LANDAU trial team has won.  By showing lawyers in Richmond what kinds of real evidence and demonstrative aids work in the court room, Herndon, Broadlands and Ashburn area injury lawyer hoped to assist them in getting better results for the victims of accidents and their families.  ”You have to invest time AND money in your exhibits and trial preparation if you want to get good results for your disabled clients” Landau told the nearly sold out audience, “You cannot do serious personal injury cases on the cheap.  You must spend the money on professional MediVisuals medical illustrations, enlargements, transcripts and investigation.”

The Virginia Trial Lawyers Association (”VTLA“) followed Landau’s speech and demonstrations with “Use of Technology: High Tech, Low Tech, No Tech A Panel of Local Judges will discuss Admission of Exhibits.” The panel of judges will change at each location, and will consist of:

• May 4, 2010 – Richmond: Hannah Lauck, U.S. Magistrate Judge, Eastern District, Richmond Margaret Spencer, Richmond Circuit Court Theodore Markow, Richmond Circuit Court
• May 18, 2010 – Roanoke: Waugh Crigler, U.S. Magistrate Judge, Western District, Charlottesville Charles Dorsey, Roanoke City Circuit Court James Swanson, Roanoke County Circuit Court
• May 25, 2010 – Norfolk: Jerrauld Jones, Norfolk Circuit Court Stephen Mahan, Virginia Beach Circuit Court, Bradford Stillman, U.S. Magistrate Judge, Eastern District, Norfolk
• May 27, 2010 – Fairfax: Thomas Horne, Loudoun Circuit Court Dennis Smith, Fairfax Circuit Court Anthony Trenga, Eastern District, U.S. District Court, Alexandria