Landau Injury Law

At ABRAMS LANDAU, Ltd., we are often asked how long an injured victim has to bring their car crash or bike crash lawsuit. Most personal injury cases in Virginia have a 2 year time limit. Wrongful death and intentional tort cases may have a shorter time limit (”statute of limitations” - after which the case may forever be “time barred”).

Children may have a longer time to file their cases, since they are considered “incompetent” to bring a legal action. They generally get until their 18th birthday before the time begins to run on their claim. Others deemed “incompetent” may have a longer time period, as may those who sustain a severe brain injury, latent injury or one not susceptible to “discovery” until many years later. An example of this would be asbestos disease, like mesothelioma or asbestosis. Norman Landau tried many of these cases decades after the last injurious exposure to this toxic substance. It is important to examine the specific time limit with a competent lawyer in the jurisdiction where the claim is to be brought to determine the correct “Statute of Limitations.”

Car fires are not insignificant in light of the catastrophic injuries they can cause and the losses that result. According to the National Fire Protection Association (”NFPA”) there were 258,000 vehicular fires reported in the United States last year. These fires caused 385 civilian deaths, 1675 civilian fire-related injuries and $1.4 billion in property damage.

According to CED Engineers, “Motor vehicles can catch fire easily because of the volatile combination of fuel, ignition, airbags, exhaust and electrical systems. Any time a vehicle is on fire there is a danger that it could explode. In most accidental fires, the fire begins in the engine compartment. Many vehicle fires are not caused by engineering defects- they are caused by poor maintenance. Still, the cause of many car fires (more…)

Car and bicycle crash clients have noted that on the official Police Accident Report, there is are three boxes for speed. There is the box for the “posted speed limit” and the speed at the time of the impact. But there is also a box for “maximum safe speed.” This can be less than the posted speed limit when there is:

• Inclement weather,
• Construction in the road,
• A special event (like a parade, running race or triathlon !),
• Snow or ice on the road surface,
• Sand from washout or a prior accident,
• Some other road defect.

In some cases, even where the Defendant motorist was going the posted speed limit, they can be found liable for their negligence when it exceeds the safe speed under the circumstances. Likewise, an injured Plaintiff can lose their case when their own speed was in excess of the safe speed at the time of the crash. That is why it is important to check the official Police Report before going to the Traffic Court trial or other Hearing in order to make sure the facts are correct. When there are police barriers or cones or construction crews, REDUCE YOUR SPEED.

First off, workers compensation does not compensate. It does not cover all of a workers losses. In fact, in many cases, it does not even come close. There is no compensation for:

• Pain,
• Suffering,
• Aggravation,
• Inconvenience,
• Emotional Distress,
• Family Disruption,
• Wage Loss above the statutory cap,
• Future raises, bonuses, and other financial losses.

So, when there is an injury due to an on the job accident with a forklift, at the Herndon Reston area injury firm of ABRAMS LANDAU, Ltd., we look to see if there are other causes of action that can be brought in order to recoup all of our clients’ losses. Virginia law allows an injured worker to sue a “third party.” A “third party” is a person who is not a co-worker or in the “same trade or occupation” as the injured employee. Doug Landau has successfully brought claims against “third parties” where clients have been injured by a “third party:”

1. in a car crash,
2. a defective product
3. by the negligence of someone who is not in the same company.

Where a warehouse worker is injured in a forklift injury, if the forklift is not owned or maintained by the worker’s employer, a third party case may be brought against the negligent driver, the defective forklift manufacturer or careless maintenance company. In such a negligence case, the worker can sue for all of those items listed above. Furthermore, if the Landau Law Shop recovers a money judgment or settlement for the worker, then the employer can also get paid back for workers comp benefits it (or its insurance company) had advanced. It can almost become a “win-win” situation.

This is a first for me - quoting US Magazine ! But in today’s US Magazine, the question was posed:
Can a Fractured Hip Be Fatal ?

“Mortality rates can reach 24%, with higher risks for senior citizens, the International Osteoporosis Foundation reports. Why ? Long recoveries increase risk of blood clots, infection and other complications.” Described as “the rock of the family,” Marilyn Dunham, Barack Obama’s grandmother passed away in Hawaii before she could see her grandson elected to the Presidency of the United States of America. Our condolences go to the Obama and Dunham families. Issue 717, US Weekly, 11/10/2008, p.66

While a number of recent posts have covered somber topics, at Abrams Landau, Ltd., we do also celebrate accomplishments, accolades and other milestones. This Fall, both Beatrice Vargas (on left) and Lauren Holtzman (center) celebrated birthdays with Melissa (bookkeeping, on right) and the rest of the Herndon Reston area injury law firm team. Here the two women are shown enjoying their birthday cake in the always bustling LandauLawShop kitchen. The counter island was built by one of our Workers Comp clients after we successfully won and then settled his claim. Attorney Holtzman was instrumental in the recent policy-limits settlement of a car crash case that occurred less than a mile from our office. Mrs. Vargas was critical to the winning court decision and ultimate settlement of a workers compensation fatality claim for a family that lives in Mexico and North Carolina. Congratulations to both women on their success and hard work.

Alcohol-related fatalities increased among motorcycle riders in half the states in 2007.  The increase was 7.5% over the previous year.  Motorcycle riders were featured in the government’s $13 million advertising campaign over the Labor Day Weekend.  Many of you may have noticed that law enforcement authorities stepped up their activities against drunk driving during the end of the summer.  At Abrams Landau, Ltd. we have seen alcohol impaired motorcycle drivers cause devastating injuries and lifelong disability.

Is there such a thing as a “Designated Driver” for inebriated motorcyclists ?

Several calls for help have come from athletes injured in organized school or league play. In one case, a goalie for a high level team was kicked in the face and had his jaw broken by an opposing player. While injuries during contact sports are not unusual, what made this case different is the fact that the offensive forward who struck the keeper did so after the goalie had possession of the ball AND he was not a member of the opposing team or even the league. In other words, as Reston Herndon sports injury lawyer Doug Landau told the Court, “The Winger was a “Ringer.”

At the beginning of the match, the referees had simply counted the player cards and the bodies on the field. They failed to match the league issued ID cards to the faces on the pitch. So, the opposing team was able to bring a “hit man” on to the field in order to injure and “take out” players from the Abrams Landau client’s side with impunity. Knowing this, the Defendant soccer player ran right at the goalie in possession inside the box and kicked him in the head. This “Ringer” could not be fined, suspended or kicked out of the league, because he was not a member to begin with !

If you or someone you know has been injured due to the illegal or reckless conduct of someone at a sports event or during competition, call a member of the Abrams Landau team. There are strict time deadlines, and meritorious cases can be lost because too much time has passed. For example, while most personal injury cases in Virginia have a 2 year time period in which to be filed in court, intentionally caused injuries may only have half that amount of time. So, filing an intentionally caused sports injury case 18 months after the incident may be too late.

Spinal Cord Stimulation (”SCS”) has been shown to be an effective treatment modality for some people who have unremitting, chronic back pain as the result of a car crash, scaffold fall and other trauma to the spine. SCS is a covered benefit under Medicare and other governmental health care programs, and most Workers’ Compensation programs in the U.S. The Centers for Medicare and Medicaid Services (CMS) provided national coverage for SCS after determining that the therapy met the agency’s stringent requirements for medical necessity. The US Military Health System also covers SCS for active and retired military personnel and their families.

Pain management physicians and relevant national medical societies agree that SCS is an appropriate treatment for chronic neuropathic pain patients meeting the following criteria:

• Other treatment modalities have failed or are unsuitable or contraindicated;
• The patient has undergone careful screening, evaluation, and diagnosis by a
multidisciplinary team; and
• The patient demonstrates adequate pain relief in a clinically appropriate screening
trial.

According to the Position Statement of the American Academy of Pain Medicine: SCS is a safe, effective, and widely accepted therapy covered by a wide range of public and private payers. It is critical that patients with chronic, intractable pain have access to SCS because, for appropriate candidates, no other treatment options exist, and their condition is often partially or completely disabling. SCS provides a means to relieve pain, restore function, and improve the quality of life for these patients.

Doug Landau traveled down to Georgia in order to visit the Defendant’s headquarters and take depositions on behalf of a Truck Driver who was crushed in a workplace accident. The ABRAMS LANDAU team associated with local counsel for both the workers compensation and the third party liability (negligence) cases. With the help of Atlanta trial lawyer Brian Buckelew, Virginia injury lawyer Doug Landau was able to get the client weekly wage loss benefits through the Georgia Workers Comp statute. .

While Buckelew, of Clemons & Sweet, had his leg in a cast from a serious injury, he was nevertheless able to get the injured trucker’s medical bills covered and secure a helpful vocational expert’s report for use in the tort claim as well. Shown here are Virginia injury lawyer Doug Landau and Brian Buckelew at the law offices of Clements & Sweet, located across from the Fulton County Courthouse, in downtown Atlanta, Georgia.