Landau Injury Law

A former cruise ship trumpet player was awarded $1.7 million from a Miami jury after he slipped and fell while on stage on a Royal Caribbean cruise ship.   As a former trumpet player, this verdict caught recreational injury, vacation accident and resort tort lawyer Doug Landau’s eye.   The horn player claimed that the fall injured his shoulder and ended his trumpet-playing career.  The accident was caused by a bit of oil that leaked out from the on-stage fog machine, according to the lawsuit.  The Miami Herald reported that nine years after he slipped on stage during rehearsal, cruise ship trumpeter finally won a $1.7 million verdict against Royal Caribbean for the fall.  A Miami-Dade jury awarded the 40-year-old the money for the August 2001 accident, which was blamed on spilled oil from a fog machine.  The musician’s lawsuit claimed the shoulder injury ended a beloved trumpeting career, since he is only able to lift the instrument for about an hour at a time. The Miami Beach resident now works part-time as an usher at the Adrienne Arsht Performing Arts Center.  The injured plaintiff’s lawyer indicated Royal Caribbean asked jurors to award the injured music maker, who earned about $22,000 a year as a trumpeter, less than $130,000 for his injuries.  In addition to the many years it took to get get his “day in court” in Florida, plaintiff’s counsel noted that he expects to retain only about 40 percent of the verdict amount.  Royal Caribbean Cruises “feels the amount awarded is not supported by the evidence and are currently evaluating our appellate options,” the cruise line said in a statement.

Because there are strict time limits for claims against cruise lines, resorts, property owners and recreational facilities 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.

While the Social Security Administration Judges (”ALJ”)have large case loads and some ABRAMS LANDAU clients experience long waits for a Hearing, when we do finally win their disability claims, the victory is especially sweet.  Herndon, Reston and Leesburg disability lawyer Doug Landau received just such an opinion this week on behalf of a disabled Centreville Virginia woman.  The claimant had the following severe impairments: multiple sclerosis (”MS”), degenerative disc disease, fatigue and pain

The ALJ agreed with Landau’s brief that “these impairments cause more than minimal functional limitations on the claimant’s ability to perform basic work activities.” The claimant will get a lump sum check of over $20,000 and monthly checks of $1,392 as well as medical coverage.  If this ABRAMS LANDAU client lives her normal life expectancy, it is anticipated that she will be paid over $467,812 !  Doug Landau’s fee for winning this case ?  $6,000, and the firm’s costs were under $1,000.  Social Security Disability fees for claimant’s lawyers are contingent AND capped.  And, when compared to the benefits produced, may be one of the last great bargains.  If you or someone you know has become disabled from Multiple Sclerosis (MS) or other disease or combination of injuries, e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) as we may be able to help with a Social Security Disability claim.  There are no legal fees if we do not win, and the fees are contingent, set by the Federal government and capped.  And the benefits can be hundreds of thousands of dollars and peace of mind for you and your family.

While 95% of the ABRAMS LANDAU law firm is devoted to representing injured victims in their injury, workers compensation and Social Security Disability cases, Herndon Reston trial lawyer Doug Landau has been successful in defending and helping small companies, doctors, medical practices, and individuals whose insurance companies have left them “high and dry.”

In a recent in jury case where a workers cut a finger in a saw accident, a small Sterling Virginia area employer came to ABRAMS LANDAU because it did not have workers compensation insurance because it had less than 3 full time, regular employees.  The claimant alleged otherwise, and had the Loudoun County employer lost the case, they stood to lose many thousands of dollars and face fines and other penalties from the Virginia Workers Compensation Commission.  Landau agreed to represent this employer on an hourly basis, with an advance Retainer (more…)

Doug Landau points out that where there is a work restriction fom an on the job accident AND reduced earnings as a result, an injured worker may be entitled to partial wage loss compensation

After an on the job accident, many construction workers are off work pursuant to doctors’ orders.  Then, when their healing has progressed sufficiently, many treating doctors will allow the  injured worker to return to their job with restrictions, limitations or special instructions.  Under Virginia law, if the injured employee returns part time or to a lesser paying job AND they have a restriction, limitation or other work-related impairment, they may be entitled to PARTIAL wage loss compensation.

In one case won in South West Virginia by ABRAMS LANDAU’s Doug Landau, the claimant had been injured in a coal mine explosion.  The plastic surgeons and other doctors had done a wonderful job repairing the scarring and disfigurement from the terrible burns.  However, the treating physician required the Herndon Reston injury lawyer’s client to wear a kevlar glove to protect the scar tissue on his hand and to also use a notch to keep two of his fingers from webbing.  The injured worker then found “light duty work” as a painter.  The former coal miner was making less money in his “selective duty” position than he had been accustomed to earning in the coal mines.  Because of the glove and notch, Herndon Reston workers comp lawyer Landau was able to win an Award for partial wage loss compensation as the result of the coal mine explosion.  If you or someone you know has been injured, and has returned to work but at a lower wage rate because of an workplace injury, e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) as the law in several states allows compensation for partial wage loss and temporary reduction in earnings.

Mold and sick building claims require substantial time and expense.  Firms with which we have worked invest heavily in building mold claims.  We have seen first-hand that they are very complicated and difficult to prosecute successfully. They almost always require multiple scientific and medical experts to establish what kind of mold you’re dealing with, causation and the extent of any injury (with inevitable wide disparity in the opinions of knowledgeable experts). There are very few generally accepted, objective criteria by which even honest experts can evaluate claims and almost every day sees another scientific paper published either supporting or denying the possibility of serious permanent injury from exposure to mold.

Basically, a victim with pretty severe symptoms (typically, someone with a pre-existing, compromised immune system or hypersensitivity to mold) who has been exposed to a large quantity of “bad mold” (like stachybotros) over a sufficiently long period of time that they have suffered some type(s) of permanent injury (i.e., it won’t get better simply by eradicating the mold or removing the victim from the moldy environment) may have a chance of getting fair restitution and payment for what has been taken from them and their families.  If you or your family or friends have questions about mold or sick building illness, please e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555).

ABRAMS LANDAU, Ltd. Law Clerk Shawn Shook says, "Tell the insurance company to 'pound sand' !"

Ever wanted to tell a Worker’s Compensation carrier to “pound sand?”  Well here is your chance!

When an injured worker wins or settles a negligence lawsuit, Worker’s Compensation carriers often try to pull a fast one and assert a lien for certain administrative costs, medical examinations requested by the employer, job search activities, vocational placement, or administrative expenses.  This presents you with your long dreamed of opportunity to tell the carrier to “pound sand” (more…)

Several ABRAMS LANDAU clients have asked why it takes so long to get a date for the Hearing in their Virginia Workers Compensation claims.  Workplace injury lawyer Doug Landau is aware that since the conversion to a “paperless system,” the Virginia Workers Compensation Commission (”VWC”) has had technical issues and everybody involved in helping injured workers has a steep learning curve.  An on the job accident that leads to long term disability can be a frustrating event.  But when the claim is denied by an insurance company or Third Party Administrator (”TPA”), time is the enemy.  Virginia law does not require an employer or its insurer to pay benefits while a claim is waiting to be adjudicated.  So there is little incentive for employers and carriers to push the case forward quickly when they have the use of the money and the injured claimant may quit the case, move away or perish.  Henrdon Reston and Leesburg job accident lawyer Doug Landau received a letter from the VWC that attempts to explain what is happening now at the Commission and what to expect.  If you have questions about a Workers Compensation case or know someone who needs help, please e-mail us at ABRAMS LANDAU, Ltd., or call us at (703-796-9555).

Herndon, Loudoun & Leesburg Virginia bike crash injury lawyer Doug Landau notes that even on recreational and public park bicycle paths, riders must be aware of the road surfaces, obstacles and potential dangers

After his bike accident with the steel expansion joints on the Lee Bridge in Richmond, Doug Landau noted with interest the recent case of a Connecticut woman who was injured when she struck a steel grate while cycling.  The Hartford Metropolitan District Commission(”MDC”) has been ordered by a Connecticut jury to pay $2.9 million to a woman cyclist who was injured in a bicycle accident in 2002.  According to the Hartford Courant, the jury ruled that the MDC had improperly placed a steel grate on a recreational path.  The woman was on her bike when she hit the steel grate, breaking four vertebrae in her neck.  The jury’s verdict represents reimbursement and restitution for what has been taken from this active athlete.  If you or someone you know has become permanently injured or disabled in a bike accident or car crash, please e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555)

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