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.

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.

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.

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 as against his costs and fees.  This can get very expensive, as proper preparation for this kind of court Hearing normally requires 10 hours of time, which at $600/hour, is why an advance of $5-10,000 is normally required for these very few hourly cases Landau will agree to accept.  The vast majority of cases at ABRAMS LANDAU are on a “contingency fee” Retainer, where the client only pays legal fees if the Herndon Reston law firm is successful.  While costs and expenses are always to be reimbursed, in most contingency fee cases, the injured clients are generally not able to advance any costs, so the firm undertakes what are “interest free loans” while the case is progressing.

In the Loudoun County saw accident case, Landau was able to save the employer from having to go to court, pay fines and from having to pay a potentially large Award.  Landau secured a settlement of less than $2,000 and also drafted a new engagement letter for this client so that all future workers engaged by them will know to get their own insurance as they are “independent contractors” and the company does not have the number of employees necessary for coverage under the Virginia Workers Compensation Act.  If you or someone you know has a company that needs advice on matters involving workers comp, injury claims, risk management, disability and defense in court, e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) as we may be able to help.

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.

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 speeding.

Plaintiff was a 27 year old male employed as a truck driver who sustained a grade one open right femur (thigh) fracture; closed right comminuted calcaneus (heel) fracture; closed right navicular (mid-foot region below the ankle) fracture; multiple facial lacerations; post-traumatic degenerative joint disease; and right subtalar calcaneocuboid joint. Plaintiff claimed significant in medical bills and substantial wage loss as well.  The parties ultimately agreed to a $700,000 settlement according to the case report sent to me this week by The Virginia Verdict Reporter.  The Landau Law Shop’s recent truck crash case was reported in the Virginia Lawyers Weekly, and like this case, it resulted in a substantial settlement for Mr. Landau’s truck driver client.  If you or someone you know has been injured as the result of a truck, car, tractor trailer or other motor vehicle accident, please contact us by e-mail at ABRAMS LANDAU or call (703)-796-9555.

• 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” as they typically do to Plaintiff’s attorneys.

Virginia Code Section 65.2-309 through 65.2-311 states that Worker’s Compensation carriers can assert a lien against a workers “third party tort case” to recover sums equal to the amount paid for indemnity benefits and medical expenses as are paid by the Plaintiff. See Lockwood v. Automatic Control of Tidewater, 63 O.I.C 219 (1984) and Washington v. Miller & Rhoads, 68 O.I.C. 250 (1989.  The amount to which the carrier is entitled often includes the money spent on their medical care, medications and partial wage replacement benefits paid by the Worker’s Compensation Carrier.

To combat carriers that assert excessive liens Plaintiff’s attorneys should insist on a detailed statement of expenses which comprise the lien and pay only what the carrier is entitled to less a pro-rata share of your attorney’s fee and costs.  The third party settlement and amounts paid in disbursement, from the settlement should be reported to the VWCC which will calculate the credit the employer/insurer is entitled to against future compensation entitlements and how future benefits will be paid.  Therefore, when a Worker’s Compensation carrier asks for too much, you have your chance to tell them to proverbially “pound sand.”

If you want help telling an insurance  company to “pound sand,” please e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555).  Law Clerk Shawn Shook helped with this post.