Landau Injury Law

While many states do not require that the injured car crash, slip and fall or dog bite victim place a specific amount in their lawsuit papers, because they recognize that injuries, treatment, lost time from work and eventual permanency may be months and years away, Virginia requires a sum certain. The “amount sued for” is also known as the “ad damnum,” and in Virginia, the filing fee paid to the court to start a personal injury case is based upon the amount sought. In the Federal Court system and many states, the lawsuit papers (usually called the “Complaint”), simply state that the case is being brought “in an amount sufficient to satisfy the jurisdictional requirements of this court…” No specific number is necessary, and that way changes in the recovering plaintiff’s condition do not prejudice the case or the victim.

However, in Virginia, a plaintiff cannot recover damages exceeding the ad damnum demand in the Complaint. (more…)

Rehabilitating dogs trained to fight caught my attention, as I had followed the sad saga of Michael Vick and his dangerous Pit Bulls.  At ABRAMS LANDAU, we have helped many adults and children attacked and permanently injured by vicious and dangerously trained dogs.  An NPR news story examined what has happened to the canines since Vick’s arrest after the bust at “Bad Newz Kennels.”

The pit bulls showed clear signs of being abused and tortured at Vick’s Virginia fighting compound.  In my opinion, as Vick has never fully apologized or taken responsibility for the pain, torment, violence and suffering he facilitated, he should not be so soon forgiven.  However, I try to look for the good in any situation, and it turns out there was also a successful effort to rehabilitate the pit bulls rescued from his property in the Commonwealth. Many of these dogs found new lives as pets, and others live peacefully with other dogs in animal sanctuaries.  A new book, The Lost Dogs: Michael Vick’s Dogs and Their Tale of Rescue and Redemption, by a Sports Illustrated writer also tells the story of these abused animals and their new lives.

Fairfax Virginia lawyer Doug Landau welcomes improvements in protections for children and families injury case settlements

The Fairfax Bar Association, which serves the Northern Virginia Legal Community, has issued notice to the personal injury bar that the judges of the Fairfax County Circuit Court have decided to adopt a system for the appointment of guardians ad litem for infants in cases seeking the approval of an infant settlement and for minor beneficiaries in a case seeking approval of a wrongful death settlement which is similar to that in use by the judges in the Leesburg Circuit Court house in Loudoun County.

Beginning October 1, 2010, personal injury lawyers petitioning the court for the approval of an infant settlement or a wrongful death settlement with minor beneficiaries should submit to the court at the time of the filing of the petition a proposed order appointing a guardian ad litem that leaves blank (more…)

Sometimes, despite the best preparations, the insurance company’s “hired gun” medical examiner still finds a way for the Defendant to avoid responsibility for the harms and losses the car and bike crash, dog attack or other type of accident caused.  You have prepared for the Insurance Medical Exam (the “IME”) and the report is unfavorable.  The Reasonableness of your medical care, the necessity of the treatment, the costs and the causal connection to your car crash are all called into question.  What can you do ?

Leesburg, Fairfax and Loudoun County injury lawyer Doug Landau knows that there is no medal for simply going along with an Insurance Medical Exam and cooperating with Defense Counsel

Your next strategy is to have a medical examination by a doctor whom you get to choose or have an appointment with your treating doctor.  If the IME doctor does not correctly report your injuries, your own unbiased physician can present a more credible description of your injuries. Your attorney can tell you how to arrange an examination from your own doctor, and advise you on who should attend the exam and how to create a record of it. Your legal counsel may have specific questions for our doctor and may also send a copy of the insurance medical examiner’s report for comment, so that your attending doctor gets “the last word.”

Finally, there are some cases where a judge can order a independent medical exam. This typically occurs when mental or physical injuries are in dispute.  If the parties are at odds as to which physician to use, the court may decide the physician. In some instances when an exam is compelled, your attorney may be allowed to attend the exam as well.  However, that might  make counsel a witness, which would create problems at trial if there was a dispute as to what was said and done.  A better practice, which we use at ABRAMS LANDAU, is to send a nurse or medical doctor to our clients’ medical exams if a dispute is likely at trial as to what actually transpired.  It is expensive, but may prevent even great harm being done to the innocent victim of a car crash or dog attack.  An experienced Virginia and Washington DC personal injury trial attorney can protect you from the pitfalls of the Insurance Medical Exam.

Just as Masters Triathlon Champion Doug Landau does not race without getting his bicycle checked out beforehand, he does not recommend going to an Insurance Medical Exam without proper preparation

There are many steps you and your legal counsel can do to prepare for an Insurance medical Exam.  In most states, it is legal to record your exam with a voice or video recorder after disclosure that you are ding so. This will be powerful evidence if the insurance company physician’s report diverges from what you have recorded.  And you can also document the examination yourself.  Wear a watch.  You’ll need to include the time you arrive for the appointment, and precisely when (more…)

When a Defendant’s Insurance Company cannot defeat a negligence claim they will often attack the claims for harms and losses by hiring a doctor to do their bidding. These “hired guns” derive a large part of their incomes from doing reports for insurance companies and testifying against injured car crash and dog attack victims in court.

Yesterday we discussed so-called “Independent Medical Examinations” (“IMEs”) which are scheduled to assist insurance defense lawyers and insurance companies that seek to deny, delay and discount claims for health care and medical expenses. This is why you need a personal injury attorney if you are seeking payment for your injuries. Without the help of a lawyer’s experience and expertise, you could walk away from the table empty-handed. You have two strategies in this process. Keep the insurance company doctor’s examination honest, and take steps to have your own expert to counter any adverse results. In today’s post we will discuss the former, tomorrow the latter action to take.

You have the right to have a witness attend the exam with you. Even combatants going to a duel would bring their “seconds.” At ABRAMS LANDAU, Ltd, we recommend that you do not go alone. However, if the person going with you is not a relative, the physician may be able to not allow them to attend. Ask someone such as a sister, brother, spouse, or adult child to attend the IME with you. Remember, “the best surprise is no surprise,” so call ahead to make sure that you can have someone with you and to find out if any paperwork, films (such as x-rays) or other material is needed in advance. See tomorrow’s post for additional ammunition to protect you and your family from these insurance company doctors’ practices.

Have you been injured in a car crash or a dog attack ?  Are you disabled as the result of a slip and fall accident or bike crash ?  Did a defective product or premises cause you or a loved one harm and permanent impairment ?  If you seek legal redress for all the harms and losses caused by the crash, attack or other kind of accident, the insurance company has the right to have you examined by a doctor of their choosing.

Experienced Washington DC and Virginia Trial Lawyers Doug Landau & Deborah Vitale have seen many Insurance Medical Exams that were anything but "Independent"

The insurance company will call this an “Independent Medical Examination.”  At the Landau Law Shop, we refer to these “sham exams” as “Insurance Medical Examinations.”  They might better be called an Adverse or “Defense Medical Examination” (what we call in the Landau Law Shop a “DME”).  It’s anything but “independent.”  Anyone who goes to one of these “exams” without taking steps to protect their rights does so at their own risk.

When you are making a claim for medical care and costs, the insurance company can require you to (more…)

The danger of infection from a dog bite is one of the reasons surgeons will sometimes loosely stitch a dog attack wound site.  Bacteria in dog saliva can cause complications and infection.

The death of a Washington man from a dog bite has prompted a lawsuit by the man’s family against the dog’s owner.  The dog attack victim developed an infection from a bacteria contracted through the dog’s saliva and died of a blood clot 10 days after being bitten, according to the lawsuit.

The victim’s family claims the incident was not the first time the dog had bitten someone and that its owner failed to have the dog on a leash.  The claim goes on to allege that the Defendant dog owner knew the dog was “potentially dangerous.”   The Seattle Times reported that the family of the man who died after the dog bite sued the dog’s owner for wrongful death.  The plaintiffs allege that the dog owner was aware that his Redbone Coonhound had a history of biting people, but still let him roam without a leash.

Defense counsel has denied that the dog, was off-leash the day the victim was bitten.  The dog bit the decedent on the finger, drawing blood, said the family’s attorney.  The next day, the dog bite victim had severe pain in his leg. He went to the hospital, where doctors found a blood clot that had formed.  He developed an infection doctors diagnosed as Capnocytophaga canimorsus sepsis, a bacterium commonly found in the saliva of cats and dogs, the lawsuit said.  The dog attack victim died 10 days after the bite.

Leesburg Loudoun and Fairfax County bike crash lawyer Doug Landau on the far right, next to the aptly dressed groom, after a fast pre-wedding ride

While Labor Day is usually a day of rest and relaxation, Triathlon Trial lawyer Doug Landau travelled to upstate New York for a family wedding and lead a bike ride for the groom and his friends.  The multi-sport attorney was asked by the bride if he wold perform this “labor of love” for her as she was to run with the ladies from the wedding party, and she wanted her fiance to return in one piece !  No crazy races, dog bites, speeding tickets, bike crashes or other sports injuries were to be allowed.

Having previously ridden with this very strong cyclist, and even knocked him off his bike (accidentally) after coming of of the W&OD Trail in Loudoun County outside of Leesburg, Landau knew that he would have his hands full keeping up with the young English bikers.  By drafting, catching up during rest and directions breaks, and then making a “breakaway” when the well-mannered British bicyclists stopped for a truck, the Herndon bike lawyer was able to finish with the “polite peloton” after nearly two hours of very fast pedaling !  The wedding that night was wonderful, and the Landaus returned to Virginia the next day, exhausted and relaxed (if that’s not an oxymoron !), and ready for the start of another school year and Fall season.

My friend and experienced Richmond injury lawyer Josh Silverman settled a pit bull attack case.   His client was bitten by a pit bull at a crowded festival.  Plaintiff’s counsel could not find any evidence that the dog had any prior attacks.   The injured dog attack victim’s lawyer hired a dog trainer with no expert witness experience but great credentials in dog training to review the case.  The dog trainer believed that pit bulls can be fine pets, but they need appropriate training.  Without training they can react dangerously in “stressful” situations like large crowds.  Such an expert can help formulate the appropriate questions to ask about the raising of the dog to help assess the strengths and merits of the dog bite case.  The ABRAMS LANDAU law firm has used investigators to find out whether there were “prior similar incidents,” or other bites, attacks, or other aggressive behavior in our Virginia cases, in order to show “notice” to the dog owner such that they can be held responsible in a claim for damages.

If you or someone you know has been injured by a dog or other animal caused by someone else’s negligence or fault, e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) at once.