Landau Injury Law

Herndon workplace injury lawyer Doug Landau knows that Mediation can lead to the successful settlement of a difficult workers comp claim

Mediation of workplace accident cases has long been a “win-win” proposition. This form of “Atlernative Dispute Resolution” was offered free of charge and recommended for all kinds of disputes, from medical payment, to vocational rehabilitation to rules and procedures. The Virginia Lawyers Weekly October 18, 1999 headline read, “Mediating Workers’ Comp Claims – Commission promotes its new program.” When ABRAMS LANDAU lawyer Doug Landau of Herndon, Virginia, was interviewed for that front page article, he noted that the parties “will have another means of decision-making at their disposal.” However, after its introduction in 1999, the Commission cut back on staff, and the Herndon law firm saw very few, if any, workplace injury claims referred to the Mediation docket in the last 10 years.

This Fall Deputy Commissioner Blevins spoke to some of the best trial lawyers in Virginia about mediating workers comp claims. This able and experienced comp trial judge noted that 80% of mediated claims are resolved. Normally scheduled for (more…)

Getting a settlement in a permanent injury workers compensation case in Virginia can be very difficult.  There is no law that says that the workers comp insurance company EVER has to settle with the injured worker or their family, even if the claimant is permanently disabled.  This is true even if the disabled worker is receiving Social Security, retirement, Long Term Disability (“LTD”) benefits or even a pension due to an “early retirement” for “medical reasons.”

This can be very frustrating, as there are a number of very good reasons why an injured claimant (or the family in a fatal accident case) may want to settle a Virginia comp claim.  Litigating a comp claim over years, and even decades, (more…)

In keeping with our promise to enable injured workers and accident victims to “SEE US IN ACTION,” upcoming trials, cases, races and programs are set forth below.  You will not see this from any of the pusillanimous advertising lawyer.  In fact, we know of no other plaintiff’s personal injury law firm that has the courage to: (1) Encourage their clients to come to court BEFORE their trial to see their lawyer “in action,” and. (2) Actually publish the calendar of their public appearances, court cases, races and Continuing Legal Education programming.  But remember,

                 Always call the day before you come to see us in action !  

Cases set on a court’s schedule can be cancelled (like when the storms struck in September !), continued, postponed, settled, re-scheduled for mediation or arbitration.  So, always call our office the day before you want to come and watch to make sure the insurance company has not paid for the losses caused by the negligent defendant or unsafe employer at “the 24th hour.”  Your time is valuable.  We do not want any client, family member, friend or neighbor to make a wasted trip.  Doug Landau has even encouraged people to observe other cases that are not from the Herndon Reston law firm ABRAMS LANDAU, Ltd., when there is little time before a client’s own Hearing or trial.

Recently, several disabled clients with Workers Compensation, Personal Injury and Social Security Disability cases from Fairfax, Loudoun and Prince William Counties, Virginia came to see a contested case where the defense relied upon weeks of surveillance videotaping of lawyer Landau’s disabled client.  These courageous clients were able to learn many things that will help them focus on their own cases when their turn comes to go to court.  All agreed that the experience was invaluable.  More than just a “Court house tour,” these meetings with Doug Landau AT THE COURT after an actual trial enable for a “Question and Answer” session while the case is still fresh in everyone’s minds.  Doug Landau wishes that all personal injury, workers compensation and Social Security Disability lawyers would encourage their clients to attend hearings and trials well in advance of their own “day in court.”  To that end, here are some upcoming dates:

Date               Place    Case, Race &/or Program

12/8/2011     Washington, D.C. Social Security Administration Disability program computer training for claimants’ counsel
Trial Lawyers of Washington, D.C. (“TLA-DC”) Annual Charity Fundraiser, the University Club, N.W.
12/9/2011    Loudoun County Circuit Court, Leesburg, Virginia, monitor Appeal by motorist convicted of attacking cyclists
12/11/2011    Washington, D.C., Freedom Plaza Jingle Bell 8km race, team competition, for Habitat for Humanity
12/15/2011    Fairfax Courthouse, monitor Traffic Court trial for several clients permanently injured in Northern Virginia car crash
1/09/2012    Virginia Workers Compensation Commission, no cost Mediation in Manassas for permanently disabled auto mechanic
1/17/2012    Fairfax, Virginia, Workers Compensation Commission evidentiary Hearing, Prosperity Plaza on Hamaker Court
2/9-15/2012    American Association for Justice, (formerly the Association of Trial Lawyers of America) Winter Convention, Phoenix, AZ
3/30-4/2/2012    Virginia Trial Lawyers Association Annual Convention, The Greenbrier, White Sulphur Springs, West Virginia
4/16/2012    Spotsylvania, Virginia Hearing before senior Deputy Commissioner (RSD or CRPS as a “compensable consequence”)

Underage drinking and driving has caused harm to Herndon lawyer Doug Landau's injured clients These innocent victims are sometimes frustrated by the fact that evidence of alcohol impairment is not allowed to go to the jury by a Virginia judge

How we talk at a barber shop and how we are allowed to talk in court are, at times, completely different.  When we argue with friends, almost anything can come in to the discussion.  However, in court, there are rules that control what evidence is allowed and what information is not permitted.  Sometimes negligence law—the law that typically applies when you sue someone after a car crash—can seem a bit unfair. Take, for example, the case of someone who was hit by a driver under the age of 21 who had been drinking. Even the police accident report includes details about the under-age drinker’s admissions about having a beer. Maybe they had more than one or two, but there was no breathalyzer, blood or field sobriety testing because the victim’s massive injuries required all of the law enforcement personnel’s attention.  But now you are at trial and the judge will not let those facts into evidence. Why not??

There are actually two reasons, and they are related to one another.

First, when you sue someone (more…)

Pay for plenty of parking BEFORE going upstairs to your Social Security Disability Hearing in Washington, D.C. advises Herndon disability lawyer Doug Landau. You can do this online or at the underground lot to the right

Injured, disabled, rejected by the Federal Government – these conditions do not make for a happy person.  An unhappy client is not a good thing.  So, when a woman disabled by spinal stenosis after a terrible car crash came to the Landau Law Shop to help with her Social Security Disability claim, we had our work cut out for us.

This widowed mother of 2 was unhappy because the lawyer she had hoped would help her with her car crash case settled the case for an amount that did not come close to compensating her for all the harms and losses she sustained.  This lawyer, who advertises heavily, did not take the case to trial, (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…)

“Not fancy, just friendly,” is the saying at the Landau Law Shop.  We recognize that it is important to put people at ease.  To answer their questions.  If we cannot answer their tough questions, then we go to the places where we can get answers.

Herndon workers comp and injury case lawyer Doug Landau at the Bills Barbecue Richmond before meeting a client around the corner from the Virginia Workers Compensation Commission ("VWCC") headquarters

Doug Landau is not afraid to go to court.  The Herndon injury lawyer had hoped to visit the Virginia Workers Compensation Commission (“VWCC”) last week in order to look at the official file with a widow who was looking for answers.  Since the VWCC was closed, Doug Landau met with a client at the Bill’s Barbecue Restaurant around the corner from the Comp Commission’s DMV Drive Headquarters.  Landau has (more…)

Follow the correct procedure for getting copies of records into evidence instructs Herndon Reston trial lawyer Doug Landau, or you may not get important evidence to the jury to consider in your car crash case !

Usually we tell clients at the Landau Law Shop that papers simply do not “walk” into court at trial.  Either a witness has to talk about the papers (like medical bills, pictures of the car crash scene or draw a diagram to demonstrate who hit who where), or the parties to the lawsuit have to agree ahead of time.

However, there are some documents that do not need to be “escorted” into evidence so that the jury can look at them.  Judicial records can be admitted by a trial judge without a witness, but nonjudicial records must be properly authenticated in order for the jury to look at them and take them to their deliberations.  Herndon Reston trial lawyer Doug Landau has seen lawyers try to get papers admitted into evidence and fail  (more…)

At the National Trial Lawyers convention in New York City this summer, Herndon injury attorney Doug Landau was told he was “crazy” for inviting potential clients, existing clients and their friends and families to come see him “in action.”

Yet that is exactly what we do every at the Herndon law firm ABRAMS LANDAU, Ltd.  Here are cases, meetings, volunteer work, athletic competition and Continuing Legal Education (CLE) programs currently on the calendar this Fall:

• 9/7/2011 Manassas, VA: Virginia Workers Compensation hearing, slip and fall at a federal facility job accident case.
• 9/8/2011 Washington, DC: Trial Lawyers Association of DC “Meeting with the Judges” (CLE), at The University Club, 16th Street, NW, preceded by a program introducing the OsiriX software for Macintosh computers
• 9/09/2011 Alexandria, VA; U.S. District Court, Eastern District of Virginia, Alexandria Division, Motion in Limine (to exclude irrelevant evidence) in union construction plumber’s shopping mall on the job slip and fall case
• 9/10/2011 Reston, VA: South Lakes High School, bicycle helmet safety inspection and athlete registration volunteer for the Reston Triathlon
• 9/11/2011 Reston, VA: Lake Audubon, compete in Reston Triathlon,
• 9/15/2011 Washington, DC: Social Security Administration, Disability claim before an Administrative Law Judge
• 9/18/2011 Winchester, VA: Warrenton Aquatic & Recreation Facility, compete in Virginia Triathlon Series (VTS) Sprint Triathlon, currently in 4th place in the Age Group, Landau hopes to again win the Series by accumulating enough points in addition to Masters and Age Group awards.  ABRAMS LANDAU, Ltd. is a sponsor of the series.
• 9/20/2011 Fairfax, VA: Fairfax County Circuit Courthouse, Ethics and Social Networking CLE program sponsored by the Fairfax County Bar Association.
• 9/22/2011 Williamsburg, VA: Virginia Workers Compensation hearing, job vehicle accident case, late payment penalties
• 9/22-25/2011 Atlanta, GA: American Association for Justice (AAJ) College, Sheraton Atlanta Hotel, (CLE)
• 10/02/2011 Spotsylvania, VA: Acorn Sprint Triathlon, Lake Anna Beach marina, final competition in the Virginia Triathlon Series, Bumpass, VA
• 10/03/2011 Washington, DC: Social Security Administration, Disability claim before an Administrative Law Judge
• 10/5-6/2011 Monroe, LA: Social Security Administration, Disability claim before an Administrative Law Judge on  a case remanded from an unfavorable decision for a client for whom ABRAMS LANDAU was successful in his car crash and related workers comp claims.
• 10/6-9/2011 Bergen County, NJ: Client visit, returning to volunteer at High School Parents Weekend, McLean, VA
• 10/10/2011 Richmond, VA:  Mediation in a Virginia Workers Compensation claim for a disabled nurse with a Tidewater area insurance defense firm, even though the office is closed for the Columbus Day holiday.
• 10/12/2011 Fairfax, VA: Virginia Workers Compensation hearing, health care provider’s slip and fall brain injury case; the original claim was won, but when additional brain surgery was needed, the insurance company disputed that it was related to the original, on the job fall on the ice and refused to pay the medical bills.
• 10/13/2011 Fairfax, VA: District Court of Fairfax County, monitoring the Traffic Court prosecution of the defendant whose unsafe driving caused permanent injury and death.
• 10/15-16 Williamsburg, VA: Old Dominion University Department of Accounting, compete in annual 5km.
• 10/17/2011 Fairfax, VA: Virginia Workers Compensation hearing, nurse’s car crash back and head injury case.  The original claim was won (covering her spinal surgery) and her car crash liability case settled for policy limits, but when additional traumatic brain injury case  was sought, the insurance company disputed that it was related to the original, on the job crash and refused to pay the medical bills.
• 10/19/2011 Manassas, VA: Virginia Workers Compensation hearing for a Michigan client with a back injury
• 11/3/2011 Fairfax, VA: Virginia Workers Compensation hearing, after winning permanent and total disability hearing against the Department of Disability Services, seeking van modifications and other additional benefits
• 11/4-6/2011 Lakeville, CT: Volunteer Leadership Weekend, The Hotchkiss School
• nurse’s car crash back and head injury case.
• 11/11-13/2011 Richmond, VA: Virginia Trial Lawyers Advanced Workers Compensation retreat, (CLE) Courtyard by Marriott West
• 11/12/2011 Richmond, VA: Arthur Ashe Athletic Center Health Expo and Richmond Sportsbackers Marathon Festival, compete in 8km. road race.
• 11/18/2011 Herndon, VA: Herndon Community Center Annual Turkey Trot 5km cross country race (in the afternoon, just blocks from the Landau Law Shop !)
• 11/23/2011 Glen Ridge, NJ: United States Track & Field-NJ Championship Road Race, Ashenfelter 8K Classic, benefiting the Glen Ridge Educational Foundation (Landau Law Shop closed for the Thanksgiving holiday)
• 11/30/2011 Colorado Springs, CO: Triathlon World Championship Age Group Sprint Distance qualifiers, like All American Doug Landau, international paperwork for competition in Auckland, New Zealand, October 14-22, 2012

If you want to see Landau “in action” at these or other events, please e-mail or call the Landau Law Shop (703-796-9555) beforehand, as insurance companies settle on the eve of trial,  judges postpone trials and races get canceled due to weather or other unforeseen events, and your time is valuable.