Landau Injury Law

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…)

Some insurance companies will deny, delay and defraud innocent victims through "frivolous defenses" in order to avoid their "Day in Court" such as here at the Arlington Virginia Circuit Court house

With all the advertising the insurance companies do complaining about “Lawsuit Abuse” and “Frivolous Lawsuits,” it is shocking to see how often insurance defense lawyers use frivolous defenses to waste the time and resources of the injured victims, the courts and the taxpayers who end up paying for these corporations strategy of “deny, delay and defraud.”

After a car crash, when recovering from your injuries, the last thing you need if for the negligent defendant’s insurance company to deny all or part of your claim and then for their lawyers to file frivolous defenses to your lawsuit.  When insurance companies and large corporations raise frivolous defenses to delay or deny the meritorious claims of injured victims, it is doubly harmful.  It slows down the judicial process and it denies reimbursement for someone who has been harmed by unsafe practices.   It takes time, effort and money to file a lawsuit in the Commonwealth of Virginia.  It is not (more…)

Herndon Virginia car crash lawyer Doug Landau recommends that you consult a lawyer BEFORE giving insurance adjusters, investigators or other non-law enforcement personnel any taped or written statements

The warning, “Anything you say, can be used against you in court…” seems forgotten by most people who call the Landau Law Shop after a car or bicycle crash. While assisting the police in their law enforcement duties is laudable, helping an insurance company gather statements that they can use to deny your claim seems counterproductive. In the days and weeks following an injury-producing car accident, you will likely be in frequent communication with your insurance company (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.

When workers are injured performing tasks their employers have trained them to do, the “safety net” of workers compensation is supposed to provide for their medical care, medications and a portion of their wage loss. This is especially true when they are on their employer’s premises helping co-workers save others from imminent harm. Courage in the face of a tornado’s 200 mph winds is something to be respected and honored. The EF-5 tornado that struck Joplin, Missouri was among the nation’s worst ever. It killed 162 people and destroyed more than 7,000 homes. A Joplin Social Worker’s heroic acts have resulted in permanent injuries, disability from work and a denial from the workers compensation insurance company. (more…)

On May 31, 2011 the Department of Health and Human Services (HHS) announced that steps were taken toward making it easier to enroll in the Pre-Existing Condition Insurance Plan (PCIP). In 18 states the premiums could drop up to 40% and eligibility will be less stringent in 23 of the states plus Washington DC.  PCIP is under the  Affordable Care Act and was created to span the gap until 2014. When at that time insurance companies cannot deny coverage due to pre-existing conditions.  This offers relief to those claimants waiting to hear if their Social Security claims are approved or those in the 24 month waiting period for Medicare cash benefits.  Both these groups and others who are pressed by major medical considerations can now consider PCIP a reasonable option for their medical expenses.

Sounds like something you are interested in? This should get you started:
To get started you will need show the administrator the following three items. To enrol you will need a letter from either a Medical Doctor, Physicians Assistant, or a Nurse Practitioner from within the last 12 months.  You must be able to prove you are either an American Citizen or a legal resident.  Lastly, you must have been without insurance for 6 months before you qualify for the program. You should know that the program is not based on income and your premiums should not be higher based solely on your pre-existing condition.

For more information please reference PCIP’s Website, and if you are in a situation where your have sustained injury and would like assistance with a legal claim, please call our Herndon Virginia Law Shop today at 703-796-9555 or e-mail us.

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 !

There are some aspects of Virginia workers compensation law that are just plain frustrating.  In the wake of a workplace accident that results in some sort of injury, it is natural to believe that you might have legal recourse against your employer—just like you would against anyone who is potentially responsible for causing you to sustain an injury. After all, isn’t the threat or litigation supposed to incentivize safe work environments and practices? While litigation may seem like the natural response, many employees injured on the job are actually surprised to find that oftentimes, that door is closed to them. Why is it, exactly, that employers seem to receive this special protection?  The brief answer to that question is (more…)

With the price of gasoline, parking and tolls rising and injured workers and their families traveling to doctors, physical therapy and testing appointments, there is a significant cost to just getting to and from health care facilities.   However, there are solutions to these expenses according to the workplace injury team at the Landau Law Shop. “I am going broke going to the doctors, physical therapy and the testing center !”  “I spent over a thousand dollars in tolls, parking and gas; doesn’t that count for anything ?”  “My wife’s car is falling apart and we cannot afford to fix it up to take me to my appointments safely !”

Doug Landau of the Herndon law firm ABRAMS LANDAU has heard all of these statements.  However, there are solutions.  Landau points out that there is a mileage reimbursement rate for Virginia Workers Compensation claimants, set forth below, that reimburses injured workers and their families for travel associated with their medical care.

YEAR            Reimbursement rate per mile
2010                   $.505
2009                  $.505
2005                  $.27 eff 10/1 $.325

Not every injured worker is transported by cab, ambulance or limousine paid for by the workers comp insurer.  Most injured workers get around by car or public transportation.  The insurance company can be ordered to pay for (more…)

When there is inflation, and prices go up, what happens to my workers compensation payments ?  Does my comp check stay the same every year that I am out of work ?  NO.  Under Virginia law, if you are not receiving Social Security Disability Income payments (“SSDI”), then you may be qualified for Cost of Living Adjustment (“COLA”) to your weekly wag loss check from the workers Compensation insurance company.  Each year the COLA rate changes.  Recent COLA rates are set forth below:

YEAR        Cost of Living Adjustment Rate
2010            3.05%
2009            .25%
2005            3.35%

Doug Landau of the Herndon law firm ABRAMS LANDAU points out that if an injured worker was getting $500 per week while totally disabled, that her comp check would increase to (more…)