Landau Injury Law

My friend and experienced Richmond injury lawyer Josh Silverman settled a pit bull attack case.   His client was bitten by a pit bull at a crowded festival.  Plaintiff’s counsel could not find any evidence that the dog had any prior attacks.   The injured dog attack victim’s lawyer hired a dog trainer with no expert witness experience but great credentials in dog training to review the case.  The dog trainer believed that pit bulls can be fine pets, but they need appropriate training.  Without training they can react dangerously in “stressful” situations like large crowds.  Such an expert can help formulate the appropriate questions to ask about the raising of the dog to help assess the strengths and merits of the dog bite case.  The ABRAMS LANDAU law firm has used investigators to find out whether there were “prior similar incidents,” or other bites, attacks, or other aggressive behavior in our Virginia cases, in order to show “notice” to the dog owner such that they can be held responsible in a claim for damages.

If you or someone you know has been injured by a dog or other animal caused by someone else’s negligence or fault, e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) at once.

I have known some very loving dogs, and I have also lived with some very unfriendly canines.  The fact is that any dog, no matter the breed and even if raised with kindness and care, is capable of unprecedented and unprovoked attack.

So if a pit bull that has a history known for absence of aggressive behavior one day attacks someone without provocation, then we conclude after the fact that it must have happened because of how the owner had treated it?  And if the dog never did the attack, we conclude the owner is a good owner ?  Not necessarily.  Statistically, Pit Bulls are one of the most likely breeds of dogs to attack a human being, and they have a natural propensity to attack and bite hard.  They were bred as a fighting dog, when society accepted that as a sport.  One neighbor and pit bull  owner told me that they were bred to fight lions and other animals in the Roman Colosseum.

However, the type or breed of a dog is not sufficient in Virginia to cause a jury to find for the injured dog attack victim.  In a dog bite case, the injured plaintiff must still prove negligence.  To prove this point from an evidentiary standpoint, the injured victim will usually need an expert unless in pre-trial investigation or during discovery it came out that the dog had several prior attacks on humans.  There is no question that there are good dog owners that can train a Pit Bull to be well behaved and others who can cause an otherwise docile breed of canine to be vicious and dangerous.  See tomorrow’s post for a friend’s use of a trainer to prove negligence in a pit bull dog attack case where there were no “prior bites” or other attacks.

If you or someone you know has been injured by a dog or other animal 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.

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.

Virginia Trial Lawyers Daniel Crandall & Douglas Landau taught at the Roanoke Higher Education Center today

As a member of the faculty of the Virginia Trial Lawyers Association Annual Tort Law Seminar Herndon injury lawyer Doug Landau will travel the length and breadth of the Commonwealth this month.  Today’s presentation took the traveling trial lawyer to the Roanoke Higher Education Center in the South West part of the state.  Since he had just returned from his son’s Virginia Tech graduation in Blacksburg over the weekend, Landau flew into the former Vinton Salem area airport as he had done so many times before to try workers compensation and meet with personal injury and Social Security Disability clients.  Because the lecturers got ahead of schedule (a rarity when lawyers are giving speeches !), the interstate injury lawyer started the presentation on demonstrative exhibits, trial strategy, settlement and mediation without his co-presenter from the defense bar.  Once Defense Counsel arrived, the duo it full stride and kept the audience intrigued, followed by a “Question and Answer” period.

Landau was followed by his friend and well-known Roanoke Valley trial lawyer Daniel L. Crandall, who gave a thorough Power Point presentation on “General District Court Practice.”  Landau and Crandall shared other ideas after the Continuing Legal Education programs was finished and before the Herndon Reston area injury lawyer had to fly back to Dulles Airport. 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.

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.”

Sometimes the Federal Government interferes with an injured victim's ability to get fair compensation because of the Center for Medicare Services' delays responding to requests for lien ("IOU") information

The lawyers for injured victims have frequently reported that the Medicare Secondary Payer Act is riddled with inefficiency.  HR 4796, the Medicare Secondary Payer Enhancement Act would correct this problem by requiring the Center for Medicare Services (CMS) to respond to requests for their lien amount within 60 days.  A “lien” is like an “IOU,” it’s the legal term for how much some company or governmental agency claims you owe them because of a contract (like workers comp) or law (like Medicare).

What we have seen at ABRAMS LANDAU is the Federal Government notifying an injured person that they must pay back the government for  medical care paid for under the medicare Program from the proceeds of their car crash, dog bite or defective product case.  But then when we write to the government to find out how much they claim to be owed and for what services, it takes forever and a day.  Sometimes the Federal Government inadvertently wants to be paid back for medical care that is not related to the car crash or slip and fall accident.  Other times, there are court deadlines or trial looming, and the trial judge will not wait for the government’s numbers, which can ruin the chances for a fair compromise settlement.

This new bill would be self-funded by a $30 application fee.  In other words, this bill costs the taxpayers nothing, and it has the broad support of coalitions including the National Retail Federation and Allstate Insurance.  You can help move this important legislation towards passage by asking your Member of Congress to cosponsor HR 4796.  If you have questions about this legislation, please contact Sarah.Rooney@justice.org directly or call her at 202.965.3500