Archive for the Dog Bites and Animal Attacks Category
The Herndon Virginia personal injury team at ABRAMS LANDAU does not apply a formula to our disabled personal injury clients’ cases; each case, like each person, is unique.
Car crash injury victims often call Abrams Landau to ask for the formula to put a price on their pain and suffering. Some callers believe that pain and suffering is always calculated as 3 times (or 2 times, or 5 times, how about ‘Pi’ 3.14159 !!!) the cost of the victim’s medical bills. Although it is natural to want a simple, easy way to figure it out, there is no formula, according to Herndon personal injury attorney Doug Landau.
“If there were a formula,” says Doug, “then every case would be run through a computer, and the number spit out the other end would be the amount awarded the injured victim — no ifs, ands, or buts.”
But every case is different.
For example, in cases where the injured victim is (more…)
In our last post, we described the Virginia Supreme Court’s Rule 3:22A, outlining the questions that should be asked of potential jurors during the voir dire, or jury selection, phase of a car crash, slip and fall or dog attack injury trial.
What impact will this new rule actually have on civil cases in Virginia?
Herndon injury lawyer Doug Landau, who has volunteered and served in the “New Judges’ Training Program,” is hopeful that the new rule will keep Virginia judges from rushing or unnecessarily curtailing the very important jury selection process.
“I have had Northern Virginia judges cut off questions about lawsuits, insurance, and tort reform. I have seen judges seat insurance adjusters, refuse to strike panels that did not reflect the make up of the community, and even impanel a jury of all men,” says Landau. “So, I am looking for this new ruling to bring some fairness and consistency into the courtroom when it comes to jury selection.”
If you or someone you know has been injured due to no fault of your own, whether by a car crash, slip and fall, dog attack or other unsafe decisions, and there are questions as to what laws apply, email or call Abrams Landau, Ltd. at once (703-796-9555).
Posted by: Barbara in Disability, Disease Claims, Dog Bites and Animal Attacks, Insurance Coverage, Job Accidents, Medical Information, preparing for Court, Security, Slip and Fall Accidents, Social Security, Workers Compensation
Walking down this ramp to the Washington DC Social Security Hearing Office for her SSDI case, Doug Landau’s client came back up victorious
It is not unthinkable for injuries sustained in a car crash to cause problems for the victim many years later. In a recent case handled by ABRAMS LANDAU Disability Lawyer Doug Landau, that is just what happened.
In this interesting case, the client, a 47-year-old female, was forced to apply for Social Security Disability Insurance benefits (“SSDI”) 10 years after a car wreck. Why a decade later ? She had been kicked in the neck by a horse! This woman was involved in a car wreck in 2000, which caused low back and hip pain. She was then kicked in the neck by a horse in 2008. After this animal injury, this former accountant had a number of impairments, which taken together, left her unable to (more…)
United Airlines adopted Continental’s ban of certain breeds of dogs. Breeds, or mixes, that have reached either 6 months of age or 20 pounds that are prohibited are: Pit Bull Terriers, American Staffordshire Terriers, Presa Canario, Perro de Presa Canario, Dogo Argentino, Cane Corso, Fila Brasileiro, Tosa (or Tosa Ken) and Ca de Bou. Although United is the only airline that has a ban on certain breeds, according to news sources, all airlines reserve the right to turn away a dog on an individual basis if he or she appears ill or aggressive. Having represented airport workers injured on the job, this is a good policy.
Airline employee clients of the Herndon law firm ABRAMS LANDAU often come into contact with dangerous items without any warnings. However, there are instances where there is some premonition of an unsafe situation. Just as airlines can refuse passengers who may be inebriated, ill or otherwise unsafe to travel, dangerous animals should also be transported on a case-by-case basis. If you or someone you know or care for has been injured as the result of a dog bite or other animal attack and there are questions about what laws apply, e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) at once.
With our last several cases involving unsafe drivers with limited insurance and assets, I am reaching out to all of our clients to review their personal insurance coverages and to make sure that they, and their loved ones, are protected this holiday season. In several cases, the harms were many hundreds of thousands of dollars, but the cases had to settle for $50-100,000, because that’s all the insurance available, an there was no ability to collect any additional money to pay for the losses caused by the unsafe drivers. And it’s not just car crash cases. In slip and fall, dog bite, bicycle accident and animal attack cases has all resulted in reduced compensation because the Defendants (and sometimes the innocent victims themselves) have minimal insurance coverage. Unlike shopping for presents, shopping for and purchasing insurance can be a daunting task. Insurance by its very definition is intended to provide you security when the unknown and unexpected happens. So when you are purchasing insurance, it is often very difficult to know what type of coverage, and how much coverage you need. In the midst of the confusion surround insurance, one type of insurance that often gets thrown around is “umbrella insurance”. What exactly is it? And who needs it?
Umbrella insurance is (more…)
Tall dogs, fuzzy dogs, dogs that fit into purses and all of them are called man’s best friend. Fortunately, that is true of most house dogs, but sometimes we are sadly reminded that dogs are animals and are not rational. For this reason insurance companies are charging higher rates to cover dogs or just not covering some breeds. The cost of coverage has gone up about 6.4 percent and dog incidents cover about 25% of home owner claims it is a substantial consideration for insurance companies. This is why many of them are not even covering certain breeds (rottweilers, dobermans, pittbulls, etc…) and dropping coverage on animals if they have any history of violence. One reason for the change in insurance practices is medical costs have risen and dog attacks can cause both physical and mental wounds which the victim should seek medical help them heal.
As stated by Doug Landau, an experienced attorney in canine attacks, In some car accidents, the injured plaintiff never sees the defendant trucker or hit and run motorist. But in dog attack cases, the innocent victim feels the teeth, claws and grabbing, sees the dog, hears the sounds of the attack, and can even smell and sometimes taste the dog’s saliva on her face. These are nightmarish experiences for anyone. The results the Landau Law Shop has had throughout the East Coast suggest that juries and judges take these harms and losses very seriously.
If you have questions regarding dog attacks please contact us at The Herndon Law Shop.
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…)
Posted by: Doug in Auto Accidents, Bicycle Accidents, Children's Claims, Disability, Disease Claims, Dog Bites and Animal Attacks, Insurance Coverage, Job Accidents, Negligence Cases, preparing for Court, Slip and Fall Accidents, Workers Compensation
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 !
Dog bites accounted for more than a third of all homeowner or renter policy liability claims last year, with an average claim of $24,840. Herndon dog attack lawyer Doug Landau has met with victims of dog attacks who could not be reimbursed for the harms caused by dangerous dogs because the defendants’ homeowners insurance company specifically excluded the injury causing dogs ! Canine attacks often cause permanent injury and scarring, both the physical and the emotional kind.
The Insurance Information Institute’s statistics were included in a recent piece in the AARP Bulletin. Most companies will cover dog bites, but one free bite is all you get in Virginia. After that, your company may charge a higher premium or exclude your dog from coverage. Landau has seen policies where there is a specific exclusion (more…)
Posted by: Doug in Auto Accidents, Bicycle Accidents, brain injury, Children's Claims, Defective Products, Disability, Disease Claims, Dog Bites and Animal Attacks, Injured Athletes, Job Accidents, Negligence Cases, Premises liability, preparing for Court, Slip and Fall Accidents, Sports Accidents, Taking Care of Family, Workers Compensation
One major question that courts look at in determining whether to make social network information discoverable to the insurance defense lawyers is the inured victim website user’s expectation of privacy when that information was posted. Any “public” information that is accessible to any person who happens to click on your profile will almost certainly not be subject to any expectation of privacy, and will likely be discoverable. Even information that is only viewable by the users’ preselected “friends” can potentially lose this valuable expectation of privacy. Therefore, it would be wise for any injured car crash victim using these sites to maximize the privacy settings available to them.
If your social networking pages contain questionable comments, wall posts or photos, you should consider making your profile private to ALL viewers to minimize the risk that this information could be used against you in your injury, workplace accident or disability case.
Furthermore, you should NEVER put anything on these sites that discusses your lawsuit or any injuries (more…)