Landau Injury Law

Yes, possibly.  The first step in any workers compensation claim is to determine if you were injured “in the course and scope of employment.”  If you were injured on the job, the next step is to figure out how much your employer paid you every week.  Because many undocumented workers are paid “under the table,” or on a cash basis, proving how much your employer paid you every week may be difficult.  This is important because many of your compensation benefits depend on how much you were making before you got injured.   Your “average weekly wage” rate affects how much you get for lost wages, permanent injury to your body and the size of your settlement or Court Award.

Proving what your employer paid you in cash might be a difficult task, but with the help of the ABRAMS LANDAU team, the process can be smoother.  In order to prove how much employers have paid undocumented workers in the past, the ABRAMS LANDAU law firm in Herndon, Virginia has used a variety of successful techniques like examining bank deposit statements, receipts from remittances, eye witness accounts, and receipts from other money transfer services.  It is best to have is a “paper trail” of the payments you received.    

Additionally, the ABRAMS LANDAU team will help you factor whether you were provided uniforms, meals, lodging or transportation.  This usually increases the amount of money Herndon attorney Doug Landau gets for his clients.  Proving exactly how much the employer paid you every week will determine how much money you receive while you are not working-money that will help you and your family survive while you are recovering from your injuries.  

I can tell you this, it’s not because I like to read insurance policies !The reason I ask for copies of MY OWN CLIENT’S Insurance policies is so that I can see what coverage is available in case the driver who crashed into them has no insurance (or very low limits of liability coverage).  The insurance policies on other cars and vehicles in my client’s household are also important.  There may be additional insurance protection from a spouse, parent or other relative’s insurance.  In those cases where the Defendant driver has no car insurance, the insurance my clients and their families may have is critical.  It may enable my clients to get full or more complete compensation.  The insurance company pays the judgement and then can pursue the negligent defendant for their money in what is known as a “subrogation claim.”  So, that is why I ask to look at ALL the insurance policies to see what coverages may be available to help pay for what has been broken, repair what needs to be fixed and provide resources for healing and care.

With so many memorials and historic sights in Washington, D.C. and the surrounding area, we sometimes forget some of the places that are outside of the Beltway that are accessible and beautiful in their own right.  I have always wanted to bike the length of the C&O Canal after hearing about it from Casamo Court Reporting. It would take a week, and there is even a connection that you can take with your bicycle, all the way to Pittsburgh !  While Memorial Day Weekend did not afford me enough time to do the C&O Canal to its terminus in Cumberland, Maryland, I did want to see some of its expanse outside the area immediately surrounding our Nation’s Capitol.  So, on Sunday and Monday, my bride and I did 3 hours of cycling on our mountain bikes on the C&O Canal.  The C&O was the route used to bring supplies into D.C., and many of the locks and other features are kept up by the Park Service.  You can walk it, bicycle or horseback ride it, and even canoe, kayak or action cat along side it.  There are even ferries to take you across the Potomac River !  The “Jubal Early” ferry in White’s Ferry charges $1.00 to take a cyclist AND their bike across the river !  You do not have to be a triathlete or bike racer - there are ALL shapes, sizes, speeds and styles on the Canal path.

When I first moved to Virginia from New Jersey, I was lucky enough to be taken in by Bernard Cohen, and extraordinary trial lawyer from Alexandria, Virginia. Bernard, “Bernie” to his friends and family, was not only one of Old Town’s legal elite, he also served in the Virginia legislature for many years, looking out for the interests of injured victims, their families and counsel. It was his son’s wedding that I rushed from the Columbia (MARYLAND !) Triathlon finish line to make at noon, in Spotsylvania ! We have been close ever since I spent time at his lovely family’s home in 1982 before finding a place of my own.

Bernie has been in the news lately, as one of his famous clients passed away. Mildred Loving, of the U. S. Supreme Court case “Loving vs. Virginia,” passed away. That case was one of Bernie’s many great triumphs. It was also a case I studied that year in Constitutional Law. Overturning the law that forbade Mr. Loving from marrying and living with his wife in the Commonwealth in the 1960s was made into a terrific movie, “The Lovings of Virginia.” I recommend that you see it, as it is about a law that existed not too long ago, that today most Americans would be surprised to know was enforced by jail and criminal prosecution. Overturning the miscegenation law forever united Bernie Cohen and the Lovings. We are all saddened by her passing and send condolences to her family.

ABRAMS LANDAU clients with severe disability or brain injury are often appointed a Guardian ad Litem In a court of law, Guardian Ad Litem literally means, “guardian for the suit.” Actually, Doug Landau was a Classics Minor in college and studied Latin for a number of years. He likens the phrase to mean “a Guardian who takes you to the shore.” The Herndon Reston brain injury lawyer notes that a Guardian Ad Litem has been appointed for mentally disabled clients, children in “infant settlement” cases and clients with brain injuries or who are in comas and cannot assist in their own cases or manage their own finances. For a client on life support at INOVA Fairfax Hospital, a Guardian was appointed to look out for her interests and to bring the lawsuit in his name.

A guardian ad litem in Virginia is an attorney (more…)

Doug Landau hates waste. Anyone who has seen him around the office knows that he enjoys “multi-tasking.” It makes the Herndon Reston brain injury lawyer nuts when clients waste their time, effort or money. However, there is one type of waste that it particularly grating.

As the former Chair of the Association of Trial Lawyers of America Disability, Social Security and Health Law Section, Landau compared notes with lawyers from all over the country. The ABRAMS LANDAU trial lawyer saw that the interplay of Social Security and Workers Comp laws resulted in permanently disabled and unemployed clients not getting back the money they had paid into the Federal system. In other words, when an injured client is eligible for BOTH State Workers Comp wage loss benefits AND the Federal Social Security Disability Income (”SSDI”) benefits, the Federal Government, like many private Long Term Disability Insurance plans, takes a “set off” for the comp money. For example, if a client (more…)

In a word, “yes.”  In Virginia, it is permissable to “stack” medpay insurance benefits.  In other words, if there are seveal cars in your  household, and you are involved in a terrible crash and injure your head or break your leg, you may be able to collect not only the medpay insurance benefits on your car, but your spouse and son or daughter’s as well.  In one case Doug Landau handled for a young girl from Kinsale Virginiaa, he “stacked” 4 different medpay policies together to collect $16,000.00 before he ever filed the liability (negligence) claim !Herndon Reston area injury lawyer Landau collected the $1,000 medpay policy on the car in which his innocent teenage client was a passenger.  She was riding with a friend when the Defendant Driver crashed into another car in Warsaw, Virginia.  Injury and disability lawyer Landau also collected under 3 separate policies from his young client’s family’s household.  Her mother, father and grandfather all lived with her, had their own automobiles, and had $5,000 each in medpay coverage.  Landau later settled her negligence claim with a lump sum and  structured settlement that paid the young woman a tax-free, guaranteed income over a number of years.  

With the coming of warmer weather and longer days, Fairfax County bike crash lawyer Doug Landau got a pre-season check-up, for his bicycle !  Before the start of the Spring racing season, the Triathlon Trial Lawyer took his ride to Rob and Sarah Velasquez at A-1 Cycling at the Herndon Clock Tower Shopping Center on Centreville Road, just South of the Dulles Toll Road and about two miles from the Landau Law Shop.  A-1 Cycling also has a store in Manassas at 7700 Sudley Road.  Go to TheAthletesLawyer and click on the “PLACES” section for more information on these friendly, skilled and well-stocked stores.  .Just as important as making sure your body is ready for intense training and racing, is ensuring that you have a safe ride.  Experienced bicycle repair shops, like experienced trial lawyers, know what to look for and usually have several strategies for each problem that arises.  One of the ways Landau has avoided head injury and disabling bike crashes is by letting the experts repair and maintain his bicycles before, during and after the racing season.  The Herndon/Reston bicycle accident lawyer is shown here with Sarah Velasquez of A-1.  The always friendly staff has given great service and the experts at A-1 Cycling have even seen the Triathlon Trial Lawyer competing in the Reston Sprint Triathlon.  If you can find a bike shop and mechanics who are experienced, talented and honest, then you will have greater peace of mind, safety and success.  These are the same qualities one should seek out when selecting a trial lawyer for a personal injury, automobile accident, dog bite, animal attack, head trauma, defective product, disability claim  or bike crash case.

This week’s mail including congratulations to Douglas Landau “on being recognized by Washington DC Super Lawyers as one of the Top Attorneys In The Washington D.C. Metro Area!”  However, it is our service to our injured clients that really matters.   Assisting injured victims and the families of those who have died in accidents for three generations, ABRAMS LANDAU, Ltd. appreciates the accolades that have been bestowed upon us. However, it is the comments from clients who we have “served” successfully, that really make our trial team’s day at the Landau Law Shop.  Our client’s comments are always welcome.  We want to know how we can help people, so constructive criticism and suggestions are taken seriously.  Shown here is Doug Landau once again serving the “traditional” 7-course Thanksgiving lunch at a Fairfax County Public School.  Just as with his work at ABRAMS LANDAU, Ltd., Landau had to work quickly and efficiently at the Crossfield Elementary School and keep his wits about him under extreme conditions.  These experiences have also taught Landau how very hard it is to be a School Cafeteria worker and still keep your wits and sense of humor.  It also helps that Landau likes the food !

WFVA AM 1230 Fredericksburg was the scene of injury lawyer Doug Landau’s latest public speaking engagement.  Invited by host (and experienced personal injury lawyer John “Jack” Harris of HARRIS & HARRIS), Landau talked about Virginia Workers Compensation law, claims, mistakes, time limits, as well as Social Security Disability and Negligence lawsuits.The DJ also asked the ABRAMS LANDAU trial attorney about some of his newsworthy paraplegia, brain injury, fatal accident, permanent disability, head trauma and multiple fracture and amputation cases.  The question that threw the loquacious Landau for a loop was, “What was your funniest case ?”  The Herndon-Reston area lawyer has had so many interesting, sad and sometimes funny cases, that it was hard to come up with one in the waning minutes of this wonderful show.  Next time Landau promises to be ready with some humorous vignettes to temper the tragic stories that are frequently handled by the ABRAMS LANDAU trial team