Landau Injury Law

How do you share the doctor’s testimony with the jury if the doctors are unwilling or unable to come to court for your injury trial ?

Herndon trial lawyer Doug Landau with an example of a medical illustration used to demonstrate a client's ankle injury and surgery during a treating doctor's pre-trial videotape deposition

One method to overcome this problem is to have the deposition of the doctor at a time and place when the doctor CAN attend and participate.  Often this is before or after busy office hours and surgical schedules.  A deposition is simply questioning a witness under oath.  If notice is given to the other side that you intend to use the deposition at trial, then they are prepared to cross examine the doctor so that the proceedings are fair to all parties.  Some doctors, HMOs such as Kaiser Permanente in Virginia and medical providers refuse to cooperate with their own patients and will not participate in testifying as to their own treatment, findings, surgery and billing !  This leaves their injured patients in quite a predicament; if they do not present competent medical evidence, they cannot submit their losses to the jury.  If they do try to present the full extent of their harms, then they must pay thousands of dollars and sometimes get a doctor who did not actually treat them to evaluate their records, examine their bodies and review the medical bills.

At the Herndon Reston area law firm ABRAMS LANDAU, Ltd., we usually invest in the extra expense of having the deposition videotaped so that we can present it to the jury at trial.  In addition to having to pay many hundreds, and even thousands of dollars for the doctor’s time, in advance, trial lawyer Doug Landau must also compensate the court reporter and videographer for their time and efforts.  So, while a pre-trial videotape deposition may be easier for the doctor and save some money for the plaintiff and counsel, at the end of the day the savings are not that much, as doctors’ “video depos” can easily run several thousands of dollars.  Furthermore, as has been pointed out by ABRAMS LANDAU trial team members, video depositions of more than a half an hour are often boring.  Having medical illustrations, exhibits or other demonstrative aids for the jury to look at during the playing of a videotaped deposition at trial can help their understanding and keep their interest while important testimony is presented.

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.

"Carry a copy of your Award or Court Order when you travel or in case of a need for emergency medical care," advises workers comp lawyer Doug Landau

“Medical care for injured workers in emergency situations works well in most instances where they are under the protection of an Award, “according to Herndon, Reston and Ashburn area worker comp lawyer Doug Landau.  For their regular medical care, the disabled worker simply goes for medical treatment, to the hospital, clinic, physical therapy, doctor’s appointment, in short, any of their treating health care providers who are by referral for necessary medical attention.  When an emergency situation arises, or the injured worker is far from home, then they cannot see their authorized treating doctor or make an appointment.  In these situations, there is usually no requirement for authorization for emergency care.

Adds the ABRAMS LANDAU workers lawyer, “in most instances, the injured or disabled claimant may seek medical treatment from a provider of their choice.  She does not need to wait for employer to send her for treatment when it is an emergency or they are traveling far from from their home.  That is why we advise ABRAMS LANDAU clients to carry EXTRA copies of the Awards we have won for them in their glove compartments, pocket books, wallets, etc., so that they will have proof of comp claim coverage wherever they may be.”

That is one of the reasons the ABRAMS LANDAU staff make multiple copies of Awards and other important Comp Commission Orders for the Landau Law Shop’s injured clients and their families.  If you or someone you know has been injured in an on the job accident  or become disabled as the result of an occupational disease or illness, Please e-mail or call ABRAMS LANDAU (703-796-9555) today.

Doug Landau will use the professional medical illustrations prepared by MediVisuals in all four of his May Virginia Trial Lawyers Association presentations

Speaking on how to quickly and effectively settle, mediate and arbitrate personal injury and wrongful death cases, Doug Landau actually brought a dozen exhibits from cases that the ABRAMS LANDAU trial team has won.  By showing lawyers in Richmond what kinds of real evidence and demonstrative aids work in the court room, Herndon, Broadlands and Ashburn area injury lawyer hoped to assist them in getting better results for the victims of accidents and their families.  ”You have to invest time AND money in your exhibits and trial preparation if you want to get good results for your disabled clients” Landau told the nearly sold out audience, “You cannot do serious personal injury cases on the cheap.  You must spend the money on professional MediVisuals medical illustrations, enlargements, transcripts and investigation.”

The Virginia Trial Lawyers Association (”VTLA“) followed Landau’s speech and demonstrations with “Use of Technology: High Tech, Low Tech, No Tech A Panel of Local Judges will discuss Admission of Exhibits.” The panel of judges will change at each location, and will consist of:

• May 4, 2010 – Richmond: Hannah Lauck, U.S. Magistrate Judge, Eastern District, Richmond Margaret Spencer, Richmond Circuit Court Theodore Markow, Richmond Circuit Court
• May 18, 2010 – Roanoke: Waugh Crigler, U.S. Magistrate Judge, Western District, Charlottesville Charles Dorsey, Roanoke City Circuit Court James Swanson, Roanoke County Circuit Court
• May 25, 2010 – Norfolk: Jerrauld Jones, Norfolk Circuit Court Stephen Mahan, Virginia Beach Circuit Court, Bradford Stillman, U.S. Magistrate Judge, Eastern District, Norfolk
• May 27, 2010 – Fairfax: Thomas Horne, Loudoun Circuit Court Dennis Smith, Fairfax Circuit Court Anthony Trenga, Eastern District, U.S. District Court, Alexandria

When insurance companies wrongfully deny claims because of additional injury after a car crash or later diagnosed harm, the remedy is to take them to court

A jury awarded $51,000 to a woman who claimed a motor vehicle accident ruptured her breast implants. In 2007, the plaintiff was rear-ended by an uninsured motorist while stopped at a traffic light. The plaintiff initially claimed soft-tissue back injuries.  As sometimes happens in personal injury litigation, she was later diagnosed another medical condition.  In this case, the injured plaintiff was diagnosed as having ruptured breast implants, which will require surgical replacement. Following the accident, the plaintiff filed a claim with her insurance carrier, seeking uninsured motorist coverage.
The plaintiff’s insurance company denied the claim.  The injured woman’s insurance company asserted that the accident was not the proximate cause of the implant rupture.  According to car crash chest and torso injury lawyer Doug Landau, “the insurance company probably did not want to pay for these additional special damages.”  Furthermore, “at the Landau Law Shop, we have seen insurers fight claims for cosmetic surgery, dermabrasion and scar remediation despite their own insured’s fault and even aggravated liability.”  Not giving up or taking the insurance company’s word for it, the resolute plaintiff then filed a lawsuit against the insurance company.  The jury ultimately determined that the rear-ender caused her injuries.   The case is Miller v. AAA Texas County Mutual Insurance Co.  If you or someone you know has been harmed by a car crash, or learns of a new diagnosis after an accident, please e-mail us at ABRAMS LANDAU, Ltd., or call us at (703)-796-9555, as pursing claims for damages and injuries after the insurance company has denied the claim and concluded its investigation can be difficult and expensive.

Lawyers Weekly (VLW) reported a case that confirms Herndon Reston area brain injury lawyer Doug Landau’s assertion that there is often videotape of an accident, or its aftermath, if you know where to look.  The Virginia case report stated that the defendant’s tractor trailer smashed into the rear of plaintiff’s vehicle and several other cars waiting at a stop light.  The injured victim’s counsel was able to obtain a video of the actual crash from a convenience store surveillance camera, which was adjacent to the intersection.  Defendant’s driver admitted to state police investigators that he had fallen asleep at the wheel.  Toxicology tests revealed Oxycodone (a strong pain killer drug) in the defendant driver’s blood.

The state police were also able to download the data from the tractor’s ECM or “black box.” Plaintiff’s ECM expert testified that the defendants’ tractor trailer was traveling approximately 64.5 mph (in a 50 mph zone) at the time of initial impact and had not applied his brakes prior to the collision.  At the time of the crash, plaintiff was a passenger in a vehicle traveling to the local community services board for substance abuse counseling. As a result of the impact, plaintiff’s seat was broken and he struck his head on the headrest. Plaintiff was transported to a nearby hospital by ambulance.

The ER physician diagnosed the plaintiff with a closed head injury with edema to the occipital portion of his head, a cervical strain and a right shoulder contusion.  Plaintiff followed up with an orthopedist for his neck and shoulder injuries, but he continued to suffer from daily headaches. Plaintiff was referred to a local neurologist, who diagnosed plaintiff with post-concussion syndrome and prescribed medication for his head pain.  Plaintiff also complained of problems with attention and concentration and visual disturbance when reading. Plaintiff returned to work as a laborer tying steel.  The plaintiff claimed  $14,073 in past medical bills and a life care plan of $773,250 for his future needs.  The case settled at mediation for $900,000 due to the excellent efforts of the lawyers involved.

There is one cost item that is common to truck/car crash, slip and fall and dog bite cases.  Purcellville and Middleburg area injury lawyer Doug Landau points out that in each of these cases, the PLAINTIFF must put on proof of her injuries and losses.  Expert medical testimony is generally required for such issues as:

1. permanent injury,
2. future medical treatment,
3. causation,
4. pre-existing conditions,
5. complications,
6. life expectancy,
7. plastic surgery for scars,
8. impairment,
9. job restrictions and
10. disability from work

Doug Landau uses professionally prepared medical illustrations in court and in mediation to prove his client's injuries. This piece of evidence is expensive, but not nearly as expensive as the doctor's testimony in court.

ABRAMS LANDAU, Ltd. was advised this week that a major orthopedic group in the Commonwealth of Virginia has doctors who charge $1,500/hour for preparation, depositions, medico-legal meetings, etc. and $8,000 for court appearance.  In other words, for an injured plaintiff to put competent proof before the judge and jury, $10,000 will be spent for the medical evidence from the treating doctor.  In cases in New York CIty and other “high priced” jurisdictions, it cost much more than $10,000 to properly present medical evidence in court.  Most other expenses pale in comparison, with exhibit notebooks and subpoenas costing less than $100, enlargements of photographs and scene diagrams less than $250, and medical illustrations less than $2,000.  Many law firms that pretend to be personal injury trial firms never invest in these kinds of necessary items.  Doug Landau has seen other so-called “injury lawyers” try cases “on the cheap,” without doctors’ testimony, professional exhibits, subpoenaed witnesses and even translators.  Lawyer Landau advises, “do not be penny wise and pound foolish.  The best advice: get an experienced TRIAL lawyer, one who actually tries cases in court and who invests the necessary time, staff and money that the cases deserve.”

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.

“While there are caps on damages that a disabled victim can receive in many jurisdictions, there are no limits to how much money an expert witness can make,” according to Loudoun and Fairfax injury lawyer Doug Landau of ABRAMS LANDAU, Ltd.  In today’s Washington Post there is an interesting article about what, caused a 4-month-old’s brain hemorrhage.  According to the Post, the debate over whether “shaken baby syndrome” exists has erupted into a national battle of the experts. According to the newspaper, in the story “Shaken baby syndrome itself is put on trial in Fairfax court:”

Georgetown University neurosurgeon Ronald Uscinski said brain scans showed that the infant’s bleeding continued long after he had been hospitalized, when no trauma was occurring, and “this condition was not caused by shaking.”   Uscinski said he had testified more than 100 times in shaken baby cases, always for the defense. “I’ve never been contacted by the prosecution,” he said. Last year, he estimated he made about $200,000 in testifying and consulting fees. He said there were numerous explanations for bleeding in an infant’s brain that were unrelated to shaking, especially with no marks or trauma on a child’s neck, arms or body.

This money is in addition to his practice at Georgetown, and any earnings he may have for lecturing, writing, teaching, etc.  There are other doctors in the DC metro area who make six-figure income just from their court testimony and preparation.  So, “if you do not think this is an important part of a physician’s income, you are sorely mistaken,” adds experienced personal injury and workers compensation lawyer Doug Landau.

Lawyers who do NOT represent insurance companies and who devote a substantial amount of their time, effort and resources toward helping injured workers and their families met again today in Richmond at the “VTLA Advanced Workers Compensation Retreat.” Doug Landau has remarked, “I always learn about unreported cases, strategies and new ways of helping disabled workers who come to me for help. It is one of the best Continuing Legal Education programs of the year. And the learning does not stop outside of the lecture hall – I sometimes learn more in between and after the official presentations by bouncing ideas off of other attendees from all over the Commonwealth as well as the speakers, judges and medical professionals who are in attendance”

By invitation only, this event is attended by trial lawyers who represent injured workers and their families. Attendees cannot represent insurance companies and there were only three dozen experienced attorneys from all over the Commonwealth who gathered to learn from noted speakers from the Virginia Workers Compensation Commission as well as the legal and medical professions. Shown here are a quarter of the group out for supper in Richmond’s West End.