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.

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 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.

A tractor-trailer driver attempting a U-turn was blamed for a Campbell County Virginia truck crash that caused plaintiff to sustain multiple fractures. Defendant initially maintained that plaintiff was barred from recovery because he was speeding and contributed to the crash.

Plaintiff was driving eastbound on a road with a posted speed limit of 60 mph.  Plaintiff was driving a Chevrolet truck that hit a tractor-trailer operated by the Defendant driver, who was employed by Defendant trucking company.  The Defendant driver was attempting to make a U-turn at an intersection in a Freightliner tractor-trailer.  He was blocking both eastbound lanes when the crash occurred. The investigating state trooper cited the trucker for reckless driving, but he was later acquitted of the charge. The black box retrieved from plaintiff’s truck showed he was speeding.

Plaintiff alleged Defendant trucking company was vicariously liable for its employee’s actions. Plaintiff claimed the accident was the proximate cause of his leg, heel and foot fractures.  The Defendants initially denied the allegations and put forth a theory of contributory negligence because plaintiff was (more…)

Many lawyers who do not regularly practice before the Virginia Workers Compensation Commission (”VWC”) do not realize that there are several specific requirements for the approval of a compromise settlement.  In addition to the Petition and Order, a notarized Affidavit is required.  Furthermore, a Deputy Commissioner from the Northern Virginia Regional Office sent out a Memorandum indicating that “Any settlement submitted for approval must contain a cover letter from claimant’s attorney stating

• a description for the procedural history of the case,
• the current posture (including issues in dispute and the strengths and weaknesses of the claim and anticipated defenses),
• personal information about the claimant (age, family, status, number of dependents, current working situation, income),
• the attorney’s belief whether the claimant is competent to enter into the settlement and understands the terms,
• current medical condition and treatment of the claimant,
• anticipated future medical expenses including whether the claimant has other medical insurance, and a statement of claimant’s intended use of the settlement (amount of debt payment, investment).

In addition, every settlement must contain a separate statement from the attorney identifying the fee requested and the basis for the fee signed by the claimant reflecting agreement or disagreement, along with a notarized affidavit by the claimant.”  The settlement of a permanent injury or disability case should not be done without experienced legal counsel.  Consultation with a Virginia Trial Lawyer who regularly practices before the VWC and who also helps families with their Social Security Disability and other accidental injury cases wold be in a good position to help before papers are signed and it’s too late.  If you or someone you know has been in an on the job accident and sustained permanent injury or long term disability, please e-mail or call us (703-796-9555) at ABRAMS LANDAU, Ltd., before signing any settlement papers.  We may be able to help you to understand the terms and keep you from losing other benefits to which you might otherwise be entitled.

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).