Landau Injury Law

Wrongful death lawsuits filed by families of Virginia Tech students killed in the 2007 massacre in Blacksburg will move forward, a circuit court judge ruled November 22.  On April 16, 2009 — the two-year anniversary of the deadliest shooting on a college campus in U.S. history — lawsuits were filed in Fairfax County Circuit Court on behalf of two families who lost their daughters that day.  The plaintiffs said in a statement they hoped to receive accountability for the tragic events of April 16, 2007.  The lawsuit, which asks for a judgment of $10 million in compensatory damages, alleges university administrators were “less than candid” about responding to questions put to them by a university review panel that issued a report to former Virginia Gov. Tim Kaine (D).

According to news reports, Judge William Alexander, who sits in Montgomery County Circuit Court in Christiansburg, initially ruled in January the case could proceed against (more…)

A Virginia Circuit Court judge has ruled that two $10 million wrongful death lawsuits filed by families of Virginia Tech students killed in the 2007 massacre in Blacksburg can go forward.  On April 16, 2009 — the two-year anniversary of the deadliest shooting on a college campus in U.S. history — the lawsuits were filed in Fairfax County Circuit Court on behalf of two families who lost their daughters that day.  The plaintiffs said in a statement (more…)

Last year's snow storm as seen from the porch of the ABRAMS LANDAU Herndon law firm

At the Landau Law Shop, the Herndon law firm is concerned with your winter snow safety.  In order to assist the Virginia Department of Transportation’s  (“VDOT”) this winter and decrease the chances of car wrecks, slip and fall accidents and truck crashes and road fatalities Homeowner’s are asked to:

• Park in your driveway if possible, otherwise park on the odd numbered side of the street.
• When shoveling your driveway, shovel to the right as you face the road so that plows do not push the snow back into your driveway.  They suggested, when possible, to either wait until the plow has passed or to not clear the last 5 feet of your driveway until the street is plowed to prevent residents from having to shovel again.
• Restrict driving until the road crews have had a chance to clear the roads.
• Clear snow from around mailboxes for mail delivery.

With the first few flakes of the year dropping on the Landau Law Shop this week, the Herndon law firm is pleased to share highlights from the Virginia Department of Transportation’s  (“VDOT”) recent snow briefing for public officials.  It is hoped that these actions will improve snow safety and decrease the chances of car wrecks, slip and fall accidents and truck crashes and road fatalities.  The highlights include:

• Additional equipment:  600 more pieces of equipment for a total of 2,600 pieces of equipment.
• Early deployment in subdivisions:  Trucks will be pre-positioned in subdivisions if the forecast is for more than 2 inches of snow.
• Automatic Vehicle Locator (AVL) pilot program:  (more…)

Recently, as the result of a McLean party, the host parents were charged with contributing to the delinquency of minors, as there were freshman and sophomores who were drinking. Abrams Landau staff attended a parent safety meeting with a Fairfax County Police Department School Resource Officer this month to learn how to safeguard teenagers and stay abreast of developments in the law. As stated by the Fairfax County Police Officer, there is zero tolerance for driving, under the age of 21, with a Blood Alcohol Content (“BAC”) of more than 0.02 ! That’s a beer ! It is dangerous, irresponsible and impaired judgment and reaction time coupled with an inexperienced driver can lead to (more…)

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…)

It might.  Not only is “Big Brother” watching, but the car accident and liability claims insurance companies are as well.  Online social networking websites, such as MySpace and Facebook, have grown exponentially over the last few years.  Facebook, in fact, has recently reported that over 500 million people use their service.  This phenomenon is certainly understandable.  These sites provide a great way to stay in touch with friends, meet new people, and share information with whole communities.  For someone who is involved in a lawsuit, however, there is a potentially catastrophic side to these sites that can quickly unravel even meritorious cases

A recent trend in many courts across the United States involves treating the information posted on these sites as discoverable material.  What this means, is that injured victims who are forced to file lawsuits seeking reimbursements for the harms and losses caused by the defendants’ negligence may be faced with a Court order forcing (more…)

At the Landau Law Shop, proving wage loss is a component of most car accident  and permanent disability cases.  Showing a judge or jury that our client was and may still be disabled is accomplished though the medical records and testimony of health care providers.  However, proving loss of earnings in a car crash, dog attack, slip and fall or bike accident case usually requires proof as to pre-injury wages.  If an injured car crash victim has switched jobs, been laid off, lost their W-2s, cannot find their tax returns, misplaced their pay stubs, or was paid via “direct deposit,” they may not have the documentary evidence to support claims of wage loss and earnings capacity.

So how does the personal injury trial team at Abrams Landau prove past earnings history for clients without all of the typical documentary evidence mentioned above ? (more…)

Until the judge enters the “Final Order,” a personal injury jury trial is not over.  And, Virginia law gives the trial judge the power to enter and Order of Additur or Remittitur.  Even after a jury’s verdict in a car crash, dog bite or slip and fall accident case, the trial judge in the Commonwealth of Virginia can change the amount though what are known as “Additur” and “Remittitur.”  Abrams Landau won a recent car accident jury trial where the insurance defense lawyers are seeking to reduce the jury’s verdict by requesting Remittitur by the Alexandria Circuit Court Judge.  This may seem like a surprising amount of power the judge has—after all, if the judge has the power to change the verdict, why have the jury !  The ability to reduce (Remittitur) or increase (Additur) a jury’s verdict is not be used in every case, and, in some instances, prevents costly and time consuming appeals.  Some things to remember about Additur and Remittitur in Virginia:

• First, the judge can only adjust the dollar amount when it is (more…)

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…)