Landau Injury Law

A rash of broken baseball bats in big-league ballgames has some crying foul about the safety of players, coaches and fans. In one case, a woman at a Los Angeles Dodgers game was struck in the face with a piece of a broken bat and suffered a broken jaw. At least one batmaker says some companies are producing substandard bats that are more likely to shatter and endanger unsuspecting onlookers.  For more on this timely subject, read Jim Armstrong’s article in the Denver Post, 07/21/2008

More than half of all fall-related deaths by the elderly are caused by brain injuries.  This is according to the Center for Disease Control and Prevention (”CDC”) in a first-of-its-kind study. According to the CDC investigation, the severity of brain injuries resulting from falls may not be patently obvious, even to healthcare professionals. In other words, there may not be bleeding, swelling of the skull, bruising or other indicia of brain trauma or injury according to Herndon Reston area injury lawyer Doug Landau.  Data for the study were gathered from records of 16,000 deaths in which unintentional falls were determined to be an underlying cause of death.  For the rest of the article, see Mike Stobbe’s The Washington Post article dated 6/24/2008.

At Abrams Landau, Ltd., we have helped people injured while participating in Sports and Recreational Activities.  We were successful on behalf of a Fairfax, Virginia golf pro who was injured in a golf cart accident at a Maryland golf course.  Doug Landau noted that a 6/16/2008 New York Times piece recently revealed that the number of injuries caused by golf carts more than doubled between 1990 and 2006.   This data was taken from a study published in the July issue of The American Journal of Preventive Medicine says. According to researchers, nearly 150,000 people were hurt by golf carts during the period from 1990 to 2006, with many of those injuries resulting from falls. Researchers say the widening use of golf carts coupled with increased speed and lack of safety equipment are likely culprits for the rise in injuries.  In Mr. Landau’s golf pro injury case, the player was thrown from the cart when it was caused to tip over by recently poured paving material.  The article was by Eric Nagourney of The New York Times, 06/16/2008    

A Missouri judge has ordered several defendants to pay $7.25 million to a man who suffered severe injuries when he was attacked by a group of pit bulls in 2006. In the ruling, the judge found that the plaintiff was left with complex facial lacerations, extensive lacerations to his upper and lower extremities, and multisystem organ failure from the attack. An additional $300,000 was also awarded to Hill’s wife, as Missouri law allows for “loss of consortium” claims.  Herndon and Reston area trial lawyer Doug Landau points out that Virginia law does not allow for a spouse’s separate claim for this loss of sex, society and services.  However, there are other states that recognize this item of loss.  If you are the victim of an animal attack or have been bitten by a dog, you AND your spouse may have rights under the law of the state where the attack occurred.  Each state also has its own time deadlines that must be strictly followed.  Failure to stay within the time limits can lead to the termination of an otherwise meritorious dog attack case.  Kevin Hoffmann, Kansas City Star, 06/10/2008  

Businesses could save between $114,000 and $670,000 per claim by settling lawsuits early rather than mounting an extensive defense, a study of personal injury settlements has found. According to the study, which analyzed court settlements of personal injury and defective product injury cases against companies between 1988 and 2004 in Texas and Florida, early settlement offers reduce legal fees and non-economic damages. Doug Landau resolved several Florida cases for clients in the last year, and notes that there is a trend toward defense lawyers billing for depositions, written discovery, protracted motions and expert retention before there is any serious discussion of settlement.  Especially with the downturn in the economy, the insurance carriers are holding on to their reserves until the last possible moment. The of business cost savings study was published in the Columbia Business Law Review.  Sheri Qualters, Law.com  06/09/2008

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Shown here are members of the Abrams Landau trial team after the successful settlement of an Egyptian butcher’s workers compensation claim. When this gentleman returned to Virginia after a visit to his home country in the Middle East, he brought back gifts for the people who helped him after he was injured in a grocery store accident.  Clients have been generous enough to bring us gifts and presents from all over the world.  Recent “surprises” that have arrived at the Abrams Landau “Law Shop” include Hershey Kisses from a Hershey Pennsylvania area client; European chocolates from a Bulgarian family; and a food and treats basket from Michigan.   One of the more unusual gifts was a hand-carved mini sleigh from a private investigator.  

Businesses could save between $114,000 and $670,000 per claim by settling lawsuits early rather than mounting an extensive defense, a study of personal injury settlements has found. According to the study, which analyzed court settlements of personal injury and defective product injury cases against companies between 1988 and 2004 in Texas and Florida, early settlement offers reduce legal fees and non-economic damages.  Doug Landau resolved several Florida cases for clients in the last year, and notes that there is a trend toward defense lawyers billing for depositions, written discovery, protracted motions and expert retention before there is any serious discussion of settlement.  Especially with the downturn in the economy, the insurance carriers are holding on to their reserves until the last possible moment. The of business cost savings study was published in the Columbia Business Law Review.  Sheri Qualters, Law.com  06/09/2008 also at: Law.com

When one thinks of filing appeal briefs, the image of piles of paper comes to mind.  However, the Fourth Circuit Court of Appeals is now moving towards electronic filings and documents.  Lauren Holtzman and I have received “electronic case filing” (”ECF”) training at the United States District  Court for the Eastern District of Virginia, in Alexandria.  With the new changes going into effect this month, we are learning along with everyone else who appears before this Federal Court which hears appeals from Virginia and the other courts located within its “circuit.”   Unlike the trial of this catastrophic brain injury and paralysis case, several judges will decide the appeal.  These specially trained and experienced appeals judges will not hear from live witnesses to this devastating car and cycle crash, nor would they learn from the live testimony of the various medical, economics and life care planning experts.  The judges of the Fourth Circuit will review the briefs of the parties and then decide whether to affirm the trial judge’s rulings, reverse or remand for further proceedings.

Not necessarily.  If you have your own auto coverage, or are covered under another member of your household’s policy, you may have “UNinsured Motorist” coverage.  This type of insurance is generally mandatory for Virginia drivers.  This insurance may enable you to collect against your own insurance policy.  Your insurance company can then go against the negligent Defendant to try and recover its money in a “subrogation action.”  SO, just because you may have been hit and injured by a deadbeat with no insurance, do not dispair, there may still be other coverage available to help you and your family to recover from your injuries.  At ABRAMS LANDAU, Ltd., we review our own clients’ insurance contracts in order to find coverages and protections that can assist them after a car crash.

In order to gauge the likely value of a case, the ABRAMS LANDAU team looks at a number of things, whether the client is involved in a car wreck, bicycle crash, slip and fall, dog attack or are injured due to a defective product, dangerous premises or other negligent conduct.  One of the best indicators is looking at jury verdict, mediation, arbitration and settlement amounts from similar cases in the same or similar jurisdictions.  This often requires Herndon Reston area injury lawyer Doug Landau use computer research.  Lauren Holtzman, shown here, utilizes the expensive Lexis-Nexus programs the firm pays for as well as other state, local and national sources.  We also look at our own, internal data in order to narrow the range of expected jury verdicts.  We also look at collectibility and assets in order to determine whether, once we win, we can economically collect compensation for our deserving clients.