Landau Injury Law

Virginia and DC Workers Compensation lawyer Doug Landau suggests disabled workers and their families: get counsel, get the claim filed and get under the protection of an Award, even if they are getting comp benefits already

Virginia workers comp lawyer Doug Landau is often asked this question.  The short answer is, “NO.”  Comp insurance companies may voluntarily pay for medical care or lost wages, and it seems as though they do so for commendable reasons.  However, Warrenton, Bristow and Vint Hill workers compensation lawyer Landau has seen too many cases where the insurance company cut off benefits after getting a taped statement; a favorable medical report; a nurse’s suggestion; a private investigator’s report; videotape; or word from their lawyers that the time limit has run out against the injured worker’s claim.  Filing an accident report with the employer or insurer is not sufficient; the claim MUST be timely filed with the Virginia Workers Compensation Commission (”VWCC”).

This is why it is so important to the ABRAMS LANDAU workers comp trial team to get the claim properly filed and an AWARD entered in Virginia.  An AWARD is a Court Order, from the Virginia Workers Compensation Commission that sets forth the “who, what, where, etc.” and calls for the payments of wage loss and other kinds of compensation benefits, including medical care.  It does not matter if the worker has sustained a brain injury, a herniated disc in their spine that paralyzes them or has been killed.  The “clock” starts running immediately.  Even those job accidents that involve car or truck crashes or other potential “third party liability” claims, the disabled worker must still file with the VWCC.  When there is no AWARD, there is no requirement that the Insurance company or the employer do anything for the disabled worker or a deceased employee’s grieving family and dependents.  That is one reason why, in work accident cases where there is lengthy disability from work, surgery, permanent injury and/or death, experienced legal counsel should be retained immediately.  The Insurance Company has lawyers on retainer and present at every Hearing; so should you!  Just because you may have received some of wage loss money or gotten some medical bills paid, you should still retain an experienced workers comp lawyer to help you.  You cannot rely on the insurance company, employer or their agents to protect you.  They are in the business of making money (or saving their money), not being “Mr. Nice Guy.”

If you or someone you know has been injured or killed in an on the job accident, even if they are getting some workers comp benefits, please e-mail us at ABRAMS LANDAU, Ltd., or call 703-796-9555 today.

In light of grosing evidence of susceptibility to increased brain injury after initial head trauma, the Pentagon is instituting new protocols for soldiers who may have suffered from traumatic brain injury (”TBI”).  Troops caught near a roadside blast or in related vehicle crashes will be pulled out of combat for 24 hours and checked for a mild traumatic brain injury.  This will be the case even if the soldiers appear unhurt or say they are fine, according to a treatment policy the Pentagon is planning to release.  Because the brain is at greater risk for permanent injury right after such head trauma, giving thee soldiers time to recover, heal and get help is a smart move according to Herndon and Reston brain injury lawyer Doug Landau of ABRAMS LANDAU, Ltd.

“The sooner you’re able to treat somebody and get it right, the higher the probability you’ll reduce the long-term impacts (of brain injury). So speed is really important here,” according to Admiral Mullen, chairman of the Joint Chiefs of Staff, who pushed hard for the policy change.  The policy change stems from growing concerns that troops suffer mild traumatic brain injuries (TBI) in combat – or more than one – and they go undetected, Mullen told USA TODAY. “We need to treat … more quickly and then we need to keep track of people,” he said.  The new policy is a major expansion of battlefield medicine because it treats troops based on what happened to them, not just visible wounds, said Air Force Col. Jaffee, director of the Defense and Veterans Brain Injury Center.  For the rest of the USA Today story.

Teen brain injury lawyer Doug Landau reminisces with a High School buddy about things they did "without thinking"

As a parent who has survived 4 teenagers, Chantilly and Centreville area lawyer Doug Landau has seen first hand what neuroscientists are discovering about teenagers’ brains.  It’s not, as comedian Bill Cosby asserts, that “they have brain damage !’  Rather, a crucial part of the brain — the frontal lobes — are not fully connected.

According to a recent NPR report, it’s not that teens don’t have a frontal lobe. They do.  And they can use it. But they’re going to access it more slowly.  That’s because the nerve cells that connect teenagers’ frontal lobes with the rest of their brains are sluggish. Teenagers don’t have as much of the fatty coating called myelin, or “white matter,” that adults have in this area.

When discussing nerve and brain injury with his own car crash and traumatic brain injury clients, Landau has described it as “insulation on an electrical wire.”  Nerves need myelin for nerve signals to flow freely.  Spotty, incomplete or thin myelin leads to inefficient communication between one part of the brain and another.  Social Security Disability clients with demyelinating diseases suffer an inability to control nerve impulses, often resulting in motor function loss or spasticity.  For the full transcript or podcast of this superb news report or to download a podcast, go to NPR.

One of the most terrifying experiences is  being chased by a pit bull, or several pit bulls.  These vicious dogs are often trained to attack and cause permanent disabling injury.  As a child, dog bite injury lawyer Doug Landau was warned by his neighbors that their pit bulls were bred by the Romans to fight lions in the coliseum, and that their strong jaws and teeth could rip into the jugular veins of their enemies.   As an adult, the Chantilly canine attack lawyer saw firsthand how devastating dog bite injuries can be to his clients and friends.  The staff at ABRAMS LANDAU has seen how the emotional scarring can last long after the physical wounds have healed.  How does one safely avoid the deep, penetrating wounds that often result from a put bull and other large dog attacks ?

According to Daniel Estep of the The National Animal Control Association’s training academy,

• “If the dog is 50 yards away and starts after you, if you can escape somewhere – inside a building. or on top of your car, or jump a fence – then that’s probably the best thing to do.  If the dog iis closer than that, then that’s not a good idea.  In a footrace, you’re going to lose.  The January Esquire Magazine piece continues,

• If the attack is imminent, try to shove something in its mouth, hopefully not a body part.
• If you’ve got a briefcase or clipboard or even a coat, shove that at the dog.  Most of the time, dogs are going to bite the first thing they get their teeth around.  And then you can try to walk your way out of the situation.
• If that’s not possible, feed him your nondominant arm.  Arm, not hand.  And let him grab onto that and try to get yourself out of the situation.  The last thing you want to have happen is to be taken off your feet, because then it’s much more difficult to protect yourself from serious injuries.
• If you get brought down, the best advice is to curl up into a ball and try to protect your belly and chest area.  Cover your neck with your hands and loop your arm around so that it covers your face.  When people roll up into this position and don’t move, oftentimes the dogs lose interest.”

If you or someone you know has been injured in pit bull or other dog or animal attack, please e-mail us at ABRAMS LANDAU, Ltd., or call 703-796-9555 today.

Doug Landau contributes blood to the Herndon Reston INOVA blood drive

In addition to watching the exciting 2010 Olympic Games, Virginia injury lawyer Doug Landau and his wife again gave blood at an INOVA blood drive in the Reston Herndon area that had been delayed by this Winter’s snow storms.  Going to their children’s pre-school, the Landaus saw friends and were able to give blood to replenish the Fairfax Hospital System’s supplies.  Landau’s client’s often need blood transfusions after car crashes, spine surgeries and construction site falls, explosions and lacerations.

Inova Blood Donor Services supplies lifesaving blood and blood products to 15 different hospitals in Northern Virginia and the Washington, D.C., metro area.

INOVA also works with national and international redistribution organizations to get blood where it is needed most.  If you are ready to donate blood:

Call 1-866-BLOODSAVES (1-866-256-6372) or find a convenient donor site or blood drive.

If you want to know more about donating blood, “Giving the Gift of Life”, Please contact us at 1-866-BLOODSAVES (1-866-256-6372) with any questions.

Herndon Reston injury lawyer Doug Landau hopes that everyone reading this post will consider going to a blood drive soon.

McLean injury lawyer Doug Landau advises that it's often best to let the lawyer who starts the case to see it through and "take it over the finish line"

Recently, Greenway McLean area injury lawyer Doug Landau has been contacted by injured people who already have a lawyer.  Some are dissatisfied with their current lawyer’s work. Others cannot reach their current legal counsel.  And still others are confused and do not understand the legal process or their present attorney’s instructions.  Just as you cannot have TWO drivers of the same truck (it will likely crash and burn !) you cannot have lawyers from different firms working at odds on the same case !

When A-V Rated attorney Doug Landau is contacted by a disabled worker or injured victim who is already represented by counsel, he and the ABRAMS LANDAU staff advise the caller to try to work things out with their present lawyer.  That lawyer presumably knows the case; has invested in the claim; and, will likely have a “lien” (an “IOU”) for attorney fees even if the case is taken over by another attorney or law firm.  Plus, switching counsel “mid-stream” sends a negative message to the insurance company.  It suggests that the client is impatient, may switch again, and that there will be dissonance on the plaintiff’s side of the case.  So, while the injury trial team at ABRAMS LANDAU wants to help everyone who calls, writes and e-mails, when there is already counsel retained, we decline representation unless the potential client has:

1. Genuinely tried to work things out with their original lawyer;
2. Settled up with their counsel, who may be owed money for costs and fees;
3. Put in writing that the lawyer is discharged; and
4. Have a copy of their file so that the next lawyer does not have to “reinvent the wheel” and duplicate expenses.

Cases the ABRAMS LANDAU injury trial team is currently working on that were started by other law firms include claims where the original lawyer has: retired, fallen ill, been disbarred, realized that they are not admitted to practice in the jurisdiction where the trial will be held and does not have the staff, resources or money to properly invest in the case.

If ABRAMS LANDAU says “no” to your injury, workers compensation or Social Security Disability case, we may still be able to help you and your loved ones in the future.  Chantilly Highlands area lawyer Doug Landau notes that the firm gets many calls from people who call too late for the Landau Law Shop to help.  There are also callers whose claims do not meet certain threshold requirements for engagement with the Herndon injury and disability law office.  Lastly, there are callers whose cases are in areas of related specialization where other lawyers are better suited to assist, such as Federal Workers Comp claims, Long Term Disability (”LTD”) disputes and Longshore claims.

ABRAMS LANDAU helps a select number of people each year with fatal accident, extended disability from work, permanent injury and scarring cases.  Just because the firm declines to help someone in a non-permanent injury case or “closed period of disability” claim, they are more than welcome to call us if they unfortunately get into another accident or a family member or friend becomes disabled through no fault of their own.  In cases that ABRAMS LANDAU has declined, we attempt to provide everyone who contacts us with helpful information, suggestions for lawyers in the area of law needed located close to their home.  Bottom line, even if our injury trial team cannot help you with a case right now, we can still help in future.  ABRAMS LANDAU is not a “volume shop” that advertises heavily and takes every case that walks in the door.  Because we spend so much time, effort and money in preparing our permanent disability and fatal accident cases, we can only take a few cases at a time.

Oakton Chantilly Bike crash lawyer Doug Landau always wears his helmet, whether racing, touring or training

As hard-headed as he is, Oakton Chantilly injury lawyer Doug Landau still wears a helmet whenever he rides his bike.  Landau was pleased to see the recent results from Bicycle Helmet Safety Institute testing.  The Bicycle Helmet Safety Institute (”BHSI”) submitted samples of six helmet models to a leading U.S. test lab: three in the $150+ range and three under $20. The impact test results were virtually identical. There were very few differences in performance among the helmets. The  conclusion: when you pay more for a helmet you may get an easier fit, more vents and snazzier graphics. But the basic impact protection of the cheap helmets tested equaled the expensive ones.

The results are a testimony to the effectiveness of our legally-required CPSC helmet standard. Although the testing sample was small, the testing indicates that the consumer can shop for a bicycle helmet in the US market without undue concern about the impact performance of the various models on sale, whatever the price level. The most important advice is to find a helmet that fits you well so that it will be positioned correctly when you hit.  The BHSI has a page up with details of the testing.  If you or someone you know has been injured in a car, truck or bike crash while riding their bike, e-mail us at ABRAMS LANDAU, Ltd., or call 703-796-9555 today.

Herndon Virginia Mediation, Arbitration and Alternative Dispute Resolution Lawyer Doug Landau of ABRAMS LANDAU with his latest TRIAL Magazine article

While the ABRAMS LANDAU team prepares every case for trial, our success in Mediation, Arbitration and other forms of “Alternative Dispute Resolution” has resulted in Herndon disability and injury lawyer Doug Landau being asked to write, speak and teach for the State and National trial lawyer associations.  Landau teaches for the “non-profit” organizations committed to helping innocent victims and disabled persons and their families.  Landau is not paid for teaching, writing or lecturing for these groups.  This was his second major article in 2009 for TRIAL magazine, a peer-reviewed journal sent to judges, lawyers and schools around the world.  Herndon’s injury and disability lawyer has been contributing articles to TRIAL since the 1980s.

In addition, Landau was also a presenter at the American Association for Justice’s (AAJ) 2010 winter convention.  The topics discussed at the “Litigation at Sunrise” session, included:

• *Birth Defects Suffered by Children Whose Parents Are Exposed to Chemicals Used in “Clean Rooms” — Frank Verderame, AZ
• Pool Safety: Drain Entrapment — Dennis M. Lynch, IL
• How I Learned to Relax and Love Mediation — Douglas K.W. Landau, VA

If you have questions about Mediation, Arbitration and other forms of “Alternative Dispute Resolution,” please contact us at ABRAMS LANDAU, Ltd., 703-796-9555

The Hampton Roads Virginian-Pilot reports that a Virginia House committee rejected a measure which “would have ensured that home-owners could file claims with their home insurance companies for property damage caused by Chinese-made drywall,” and one which “would have prevented home insurers from canceling policies or raising rates on properties because they were built with the drywall.” While lawmakers “agreed owners of homes built with Chinese drywall deserve relief, they weren’t sure that going through insurance companies was the best way for them to go about getting it.”  Herndon Reston area injury and disease lawyer Doug Landau believes that the Virginia legislature should assist homeowner injured or made ill due to the foreign made drywall.  The American Association for Justice (”AAJ”) information on foreign manufacturer accountability can be found here.