Landau Injury Law

Other lawyers will sometimes refer to weak cases or those without merit as “dog cases.”  Previous posts have covered dog bites, animal attacks and even dog “knock down” injury cases.  Unrelated posts have discussed the very  serious consequences of premises liability cases where a slip and fall may have lead to back surgery, permaennt disability and scarring.  Having helped victims of dog attacks, those injured by dog bites and others needing back surgery as the result of slip and fall accidents, Doug Landau of the Herndon law firm ABRAMS LANDAU was intrigued by the Lawyers Weekly “Dog Law Trifecta.”

In addition to the reported dog custody case and homeowner’s association election of a canine, Lawyers Weekly Editor Paul Fletcher noted a case set for trial in Norfolk where the plaintiff claimed to have been injured by poop at a Newport News PetSmart store.  The federal lawsuit alleged (more…)

Must all accident cases be submitted to a jury for decision ?  Are all accident cases expensive to try ?  The short answer is “no.”  While most of the injury cases filed by the Herndon law firm ABRAMS LANDAU, Ltd. are heard by judges and juries in the Virginia Circuit Courts or the Federal District Courts, a number of injured victims contact the Landau Law Shop for help with matters that do not meet our criteria for filing for a jury trial.  Doug Landau will often suggest that these prospective plaintiffs retain counsel to bring their meritorious injury claims in one of the local General District Courts.  The General District Courts decide cases where there is less than $15,000 in controversy, non-felony criminal cases, traffic violations and other matters.  The filing fees are lower, there are no juries and pre-trial discovery is limited (and much less expensive).  These “courts not of record,” do not provide court reporters, so the parties must hire their own private court stenographer to make a record if they want to later appeal the judge’s ruling.

According to Lawyers Weekly, Fairfax County’s 10 general district judges handle some 37,000 cases a year. “That doesn’t give you an awful lot of time to deal with folks,” according to Chief Judge Donald P. McDonough.  If you do the math, that’s an average of 77 cases a day per judge !  “It’s a very intense and difficult job,” notes experienced Fairfax and Loudoun County trial lawyer Doug Landau, “and unlike the trial courts, these judges have to decide the facts as well as the law !”

Having just settled a case for a grocery store worker who lost two fingers to a motorized cutting blade at work, Herndon injury lawyer Doug Landau has helped many workers injured due to the lack of protective guards on saws.  The U.S. Consumer Product Safety Commission (“CPSC”) estimates there are an average of about 10 finger amputations a day, just from table saws used by consumers.  “The safety of table saws needs to be improved in a way that prevents school children in shop class and woodworkers from suffering these life-altering injuries,” CPSC Chairman Inez Tenenbaum told USA TODAY.

The head of the Consumer Product Safety Commission will call in the power-tool industry and the safety standards group to find out why more hasn’t been done to address the problem.  The CPSC estimates the cost to society of saw-related injuries is about $2 billion a year. (The industry has contested that figure in lawsuits.)  The companies face hundreds of lawsuits over injuries and at least 50 legal claims that a product called SawStop could have prevented the injuries. Last March, a jury awarded $1.5 million to a man who injured his fingers on a saw after plaintiff lawyers argued SawStop would have saved his hand.  If you or someone you care for has had fingers amputated or suffered injury as the result of a power saw accident, contact an experienced lawyer at once.  There are strict legal time limits to these claims, and valuable rights may be lost if the claim and its investigation are delayed.

When a manufacturer puts a dangerous product out for sale or a supplier offers an unsafe import, what governmental agency is there for the injured purchaser ?  The U.S. Consumer Product Safety Commission (“CPSC”) is charged with protecting the public from unreasonable risks of injury or death from thousands of types of consumer products under the agency’s jurisdiction. The CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical, or mechanical hazard. The CPSC’s work to ensure the safety of consumer products – such as toys, cribs, power tools, cigarette lighters, and household chemicals – contributed significantly to the decline in the rate of deaths and injuries associated with consumer products over the past 30 years.  Think about that, despite the increase in the number of consumer goods and the United States population over the last three decades, the indigents of product related injury and fatal accidents has declined.

Doug Landau of the Herndon law firm ABRAMS LANDAU first utilized the CPSC’s resources when researching dangerous air guns and other recreational products.  It is important for everyone to report defective or dangerous products, as the CPSC does not just collect data of harmful products, but also injuries.  Recalls by this governmental agency can prevent future consumers from being injured.  Plus, holding manufacturers accountable for shoddy and harmful products helps keep safe product makers competitive while punishing those who supply dangerous goods to unsuspecting U.S. consumers.

CPSC Recall Hotline: (800) 638-2772
CPSC Media Contact: (301) 504-7908

Herndon Virginia injury lawyer Doug Landau may look like a blur on the the track, but he will stop and take the time to help you and your family with your injury and disability case. He meets with clients who come and watch, cheer and critique after nearly every case, race and speech !

While Doug Landau has always encouraged clients to see him try other cases and lecture other lawyers in Continuing Legal Education (CLE) programs, the triathlon trial lawyer also encourages clients, their friends and families to see him compete in running races, triathlons, track meets, multi-sport events all over Virginia and the rest of the country.  Because it is often hard for injured and disabled clients to travel to the Herndon home of the ABRAMS LANDAU law firm, Landau makes himself available after races, just like after cases, to speak with those who seek his help.  For his upcoming racing schedule to cheer him on and see him “in action”, go to our sports law site, www.TheAthletesLawyer.com for yesterday’s posted race list.

It does not matter who is behind the wheel, reasonable transportation expenses are reimbursed by the Virginia Workers Compensation Insurance Companies when such travel is in connection with medical care that satisfies the “three Rs” (Reasonable, Related and by Referral).  A call to the Herndon law Firm ABRAMS LANDAU repeated this often heard question.  In order to be reimbursed for trips to the doctor, physical therapist, hospital, radiologist, etc., it does not matter if:

• Your daughter, son, wife or parents drove you,
• You took a cab because you could not drive,
• An old friend gave you a lift in his vintage mustang,
• You hopped the local bus (or two) and then the Metro,
• A car service was required because there is no public transit nearby,
• The Medical services building charges you for parking,
• There are toll roads along the way to the therapist’s office,

As long as you have the receipts for the taxi, bus, subway, parking, tolls and other travel related expenses.  If you go to a health care provider for treatment, then such expenditures may be covered under your Workers Compensation Award.  For use of your own car (whether or not you were driving, as many ABRAMS LANDAU client cannot drive themselves to their medical appointments because of the severity of their injuries), mapquest or the mileage on the odometer can be summated for payment.  In cases where the injured or disabled worker cannot drive and has no one to take them, cab fare or car service may be reasonable under the circumstances.  In some permanent total disability cases, the insurance companies have paid for car service, limousines and taxi cabs to shuttle our clients to their necessary medical appointments.  Bottom line: keep the receipts and good written records for full reimbursement !

Clients suffering from hip, shoulder, knee and arthritis pain should try to learn as much as possible about their condition in order to get as healthy as possible after an on the job accident or car crash.  You can ask the joint replacement experts of the INOVA Joint Replacement Center (“IJRC”) about relief from arthritis, repair of damaged bones and painful inactivity.  Surgical joint replacement, with minimally invasive techniques may be the solution to your disability, pain and osteoarthritis.  IJRC is the largest joint replacement center in the metro-Washington DC area, performing over 2,000 joint replacements annually.  With the latest techniques and medical equipment, patients are returning to more active lifestyles.  Herndon joint injury lawyer Doug Landau has attended past programs, along with ABRAMS LANDAU staff, and new insights are always gained and tough questions are always answered.  While knee, hip and shoulder joint replacement surgery is not for everyone, workers compensation and disability lawyer Landau has seen friends, family members and clients make wonderful recoveries as the result of such operations.

A FREE Community Seminar on Osteoarthritis and Joint Replacement Advances will be held with Drs. Kevin Fricka and William Hamilton:

• Date:     Wednesday, April 13, 2011
• Time:     7:00 PM – 8:00 PM
• Address: Workhouse Arts Center, 9601 Ox Road, Lorton, VA 22079
• Contact Phone:     (855) 694-6682
• Free parking available in the rear of the building.

Inova Health System is pleased to present our “Ask the Expert” community lecture series. All lectures are free, but advance registration is requested.  Register online or call 855-MY-INOVA (855-694-6682).

Just because an injured victims agrees to settle their car or bicycle crash case before trial, it does not mean that there is no more work to be done.  In fact many actions must be taken immediately upon reaching a compromise agreement in order to avoid unnecessary costs and inconvenience.  The state or Federal Court where the case is pending must be notified.  When a case settles at the “24th hour” the jurors have to be notified not to report for jury duty.  The witnesses under subpoena must be released from their subpoenas.  The videographers, translators and court reporters must similarly be told not to show up.  If they do report to the Court, someone will have to pay for their time and expense, usually the party (or lawyer) who requested their presence.

The Court where the case is pending will need a signed Order showing that the case has indeed been settled, and any lien holders will have to be repaid out of the settlement proceeds.  By “lien holders,” I mean those people with “IOUs” on  the case, such as medical doctors who have not been paid; the workers compensation insurance company or employer who may have paid for care, lost wages, etc., and the government if Federal benefits were used for treatment.  An experienced car crash lawyer will discuss with you the steps necessary to have a fair compromise of your case.  Settlement starts with a “yes” but takes many more steps if the case is close to the date of the personal injury jury trial.

Saw injuries can be devastating, permanent and disabling.  For those who use circular saws, table saws, mitre saws and other dangerous power tools, the Power Tool Institute (“PTI”) has safety presentations that can be viewed online – click here. The safety demonstrations, available, at no charge, in English or Spanish, are:

• “Power Tool Accidents — They Can Be Prevented,”
• “Circular Saw Safety,”
• “Table Saw Safety” and
• “Miter Saw Safety”

Click here for the PTI video site.

Having seen countless finger amputation cases, grocery store hand and digit lacerations and workplace degloving injuries, workers comp and disability lawyer Doug Landau of the Herndon law firm ABRAMS LANDAU hopes that these saw safety films will help prevent future power tool injuries at work and at home. Small companies might want to make use of these workplace safety videos in order to reduce worker injury and time loss. According to the staff at the Landau Law Shop, newer workers especially seem to encounter a greater number of permanent injuries during their first weeks on the job. Showing safety films such as those produced by the Power Tool Institute may help rookie employees in the construction and crafts trades avoid unnecessary and foreseeable injury

"Getting pre-judgment interest and costs in car crash and other permanent injury cases removes the insurance company's incentive to delay," notes Doug Landau of the Herndon law firm ABRAMS LANDAU

After lengthy post-trial motions and negotiations, disbursements have finally been made after a verdict for an injured passenger in an automobile accident case.  With the negligent defendant’s insurance company paying thousands of dollars in excess of its insurance policy, the Herndon law Firm ABRAMS LANDAU once again found one of its injury cases on the front page of Lawyers Weekly.

What was of particular interest to the newspaper was the fact that Herndon Reston injury lawyer Doug Landau not only prevailed in getting a jury verdict WITH Pre-Judgment Interest, but he also was awarded (more…)