Landau Injury Law

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.

Having helped disabled workers who have also given birth to and raised their children, Herndon Reston and Leesburg Social Security lawyer Doug Landau has seen how having a family can penalize women when it comes to their Federal Disability benefits.  In fact, what mothers don’t know about Social Security can hurt them.  Business Week reported how women earn less and working mother earn less still.

However, when women leave the workforce to have and raise children, the ability to receive Social Security disability benefits often suffer.  This is so even though child rearing is extremely important and society should reward those who work hard at raising a family.  Few mothers take the time to look at how their caregiving responsibilities impact their Social Security eligibility and benefits.

When you work and are paid, you generally earn Social Security “credits” for each quarter of a year that you work.  If you earn enough of quarters of credits, you will be eligible for various parts of the program including retirement and disability income benefits. Once you are eligible for retirement benefits, the amounts are then calculated using earnings over your lifetime.  If you do not have the required number of credits or earn less than your spouse, you can also choose to take half of your spouse’s benefit at retirement.  For more on this, go to the Mothers Movement site.

At ABRAMS LANDAU, we encourage every client to get a copy of their Social Security printout so that they can see how many quarters of credits they have, what their benefit amounts will be at retirement and if the become disabled.  Anyone of working age generally  needs 40 credits to be eligible for retirement benefits based on their own earnings rather than her spouse’s. That usually means working full-time for 10 years. Check your Social Security statement. You should receive an annual statement around your birthday or you can request one at www.ssa.gov or by calling 1-800-772-1213.  Do you have the 40 credits you need for retirement benefits on your own work record ?  Do you have enough credits in the system to be eligible for disability income ?  If you or your family or friends have questions about Social Security Disability please e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555).

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)

VTLA President Matthew Murray, shown with Melissa, praised Doug Landau's 7 year fight on behalf of a Virginia client with an occupational disease and winning the disabled worker's Florida Social Security Disability case

In the Spring Social Security Forum, the number of Hearings held by Social Security Hearing Office for some of the sites ABRAMS LANDAU has won cases for disabled clients and their families were published.  These Administrative Law Judge (”ALJ”) Hearing numbers are for not quite one month, and one with a lot of weather delays.  This enormous volume is one of the reasons for the long waiting time to come before the Federal Judges who decide these important cases for Herndon and Ashburn Farms disability lawyer Doug Landau.  The numbers of cases heard for the fiscal year (through 1/29/2010) were as follows:

• Baltimore, MD        1476
• Charlotte, NC        1732
• Charlottesville, VA    1133
• Fort Lauderdale, FL     2022
• Miami, FL        906
• Richmond, VA        892
• Roanoke, VA        1031
• Washington, DC        873

At the Landau Law Shop, the “How ?” “How Long ?” and “How Much ?” questions are answered so that disability income applicants can understand the process and be prepared for their “day in court.”  If you or someone you know is permanently disabled, please e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555)

"Carry a copy of your Award or Court Order when you travel or in case of a need for emergency medical care," advises workers comp lawyer Doug Landau

“Medical care for injured workers in emergency situations works well in most instances where they are under the protection of an Award, “according to Herndon, Reston and Ashburn area worker comp lawyer Doug Landau.  For their regular medical care, the disabled worker simply goes for medical treatment, to the hospital, clinic, physical therapy, doctor’s appointment, in short, any of their treating health care providers who are by referral for necessary medical attention.  When an emergency situation arises, or the injured worker is far from home, then they cannot see their authorized treating doctor or make an appointment.  In these situations, there is usually no requirement for authorization for emergency care.

Adds the ABRAMS LANDAU workers lawyer, “in most instances, the injured or disabled claimant may seek medical treatment from a provider of their choice.  She does not need to wait for employer to send her for treatment when it is an emergency or they are traveling far from from their home.  That is why we advise ABRAMS LANDAU clients to carry EXTRA copies of the Awards we have won for them in their glove compartments, pocket books, wallets, etc., so that they will have proof of comp claim coverage wherever they may be.”

That is one of the reasons the ABRAMS LANDAU staff make multiple copies of Awards and other important Comp Commission Orders for the Landau Law Shop’s injured clients and their families.  If you or someone you know has been injured in an on the job accident  or become disabled as the result of an occupational disease or illness, Please e-mail or call ABRAMS LANDAU (703-796-9555) today.

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

Richmond Virginia defense lawyer and Mediator Michael Harmon & Herndon Reston area plaintiff's personal injury lawyer Doug Landau after their CLE presentation today

Everyone who knows Herndon injury lawyer Doug Landau knows he likes to talk !  After success at the American Association for Justice meeting of the National Trial Lawyers in February and the Virginia Trial Lawyers Association Annual Convention in March, Landau is “taking it out on the road,” by teaching and giving presentations in Richmond, Roanoke, Norfolk and Fairfax during the month of May.  The lawyers who pay hundreds of dollars to attend these Continuing Legal Education programs, get required legal education and ethics credits and learn the latest development in the laws and personal injury trial practice.  The written materials that went with Landau’s speech were made available electronically, just as was the case at the National Trial Lawyers meeting this winter.

The ABRAMS LANDAU injury lawyer’s presentations will enable participants to hear from plaintiff and defense attorneys on

1. Creative, professional demand packages
2. Settlement conferences/mediation/arbitration
3. High/low agreements
4. Tips for low cost use of technology in demand and settlement
5. When high tech is worth the cost

While Douglas Landau, of Abrams Landau Ltd., Herndon, will be speaking at all four locations, as he has actually tried cases in all corners of the Commonwealth of Virginia, he is paired with a different experienced defense lawyer at each venue.  The top defense attorneys Landau has been teamed with include:

• Michael Harman of Harman, Claytor, Corrigan & Wellman, Richmond (Richmond)
• David Carson of Johnson, Ayers & Matthews, Roanoke (Roanoke),
• Robert Rigney of Protogyrou & Rigney, Norfolk (Norfolk),
• Stephen Crum of Robey Teumer & Drash, (Nationwide Staff Counsel, Fairfax/Northern Virginia).

All clients know that they can call the Landau Law Shop to find out when and where Doug Landau will next be trying cases, speaking, taking depositions, teaching or racing.  This “open book” policy has enabled many ABRAMS LANDAU clients and their friends and families to meet with Doug Landau “close to home” and members of the Law Shop Trial Team without having to travel to the Herndon Reston area, or battle the infamous “Beltway.”

Doug Landau attending a client's recent medical exam in a contested spinal injury workers compensation case, where his clieint's back surgeon has indicated a lumbar spine operation is needed and the insurance company has denied authorization for the operative procedure

“While the multi-million dollar lawsuits get all the headlines, whether or not they are ultimately successful, it is workers comp claim that touch the lives of so many injured workers and their families that are never reported,” according to Herndon Reston area claimants’ comp attorney Doug Landau.  “Because these cases usually do not involve lawsuits, jury trials or millions of dollars, it seems as though the press is not interested and the plight of disabled workers and their families is largely unknown,” adds the ABRAMS LANDAU trial lawyer.  As Landau actually represents clients and has tried cases in Florida, he is familiar with Judge Mills’ statement on this subject:

• “Workers’ compensation is a very important field of the law, if not the most important.  It touches more lives than any other field of the law. It involves the payments of huge sums of money.  The welfare of human beings, the success of business, and the pocketbooks of consumers are affected daily by it.”  Judge E. R. Mills, Singletary v. Mangham Construction, 418 So.2d 1138 (Fla.1st DCA, 1982)

If you or someone you know has been injured in an on the job accident  or become disabled as the result of an occupational disease or illness, Please e-mail or call ABRAMS LANDAU (703-796-9555) today.