Landau Injury Law

Because they are so hard to win, many so-called “personal injury” law firms do not handle, and certainly do not go to court and try “slip and fall” or “trip and fall” cases.  In these “premises liability claims, the injured victim must show “Notice” in the Commonwealth of Virginia.  I am reminded of a particular case we filed in Prince William County.  The 7-11 manager shouted “I told them to fix that month’s ago,” after my client, a nurse, had her shoe caught by a missing chunk of concrete that had been painted over in front of the convenience store.  As our client lay on the sidewalk, with her mouth bleeding and other injuries causing pain throughout her body, the manager’s words would not soon be forgotten.  Yet the 7-11 defense lawyers asserted that the nurse could not bring her personal injury case unless she could show:

• that their premises was dangerous (that there was some defect that could cause harm), AND
• that the store had NOTICE of this defect such that they had a reasonable amount of time to fix it, warn about it or replace it.

My client’s testimony as to the manager’s excited utterance showed that the store management KNEW and had notice as to the defect on their property.  The chunk of concrete that formed a “V” on the curb leading from the parking lot to the store entrance had not only been there for a significant period of time, but it had been painted over by the 7-11 maintenance crew !  So this ABRAMS LANDAU client was able to show that her case satisfied the “notice requirement” and would go to a jury.  The case settled before trial.  Proving “NOTICE” can be supported by:

• prior similar incidents in the past,
• work orders to repair the defect in the property,
• other, prior claims by people injured in a similar manner,
• statements by employees, managers, owners or others.

If you or someone you care for has been injured in a trip and fall, slip and fall or other injury caused by a dangerous building or other structure, let our Herndon law firm help you prove NOTICE and the other important aspects of your injury or disability case.  You may reach ABRAMS LANDAU by e-mail or by phone at 703-796-9555.

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…)

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…)

Must all accident cases be submitted to a jury for decision ?  Are all accident cases expensive to try ?  The short answer is “no.”  While most of the injury cases filed by the Herndon law firm ABRAMS LANDAU, Ltd. are heard by judges and juries in the Virginia Circuit Courts or the Federal District Courts, a number of injured victims contact the Landau Law Shop for help with matters that do not meet our criteria for filing for a jury trial.  Doug Landau will often suggest that these prospective plaintiffs retain counsel to bring their meritorious injury claims in one of the local General District Courts.  The General District Courts decide cases where there is less than $15,000 in controversy, non-felony criminal cases, traffic violations and other matters.  The filing fees are lower, there are no juries and pre-trial discovery is limited (and much less expensive).  These “courts not of record,” do not provide court reporters, so the parties must hire their own private court stenographer to make a record if they want to later appeal the judge’s ruling.

According to Lawyers Weekly, Fairfax County’s 10 general district judges handle some 37,000 cases a year. “That doesn’t give you an awful lot of time to deal with folks,” according to Chief Judge Donald P. McDonough.  If you do the math, that’s an average of 77 cases a day per judge !  “It’s a very intense and difficult job,” notes experienced Fairfax and Loudoun County trial lawyer Doug Landau, “and unlike the trial courts, these judges have to decide the facts as well as the law !”

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…)

Some jobs are more dangerous than others.  Working around the Metro trains, buses, tracks and repair garages exposes workers in Dc, Maryland and Virginia to significant risks of injury.  News reports this month indicate that the DC area’s Metropolitan transportation workers are getting hurt on the job more often than their counterparts at other transit agencies.   The high prevalence of injuries among workers is costing the Metro millions each year.

While some of the job tasks are more dangerous than others, part of the problem is the frequency of the injuries.  In 2010, Metro averaged 6.17 injuries per 200,000 hours of work, which is above the national transit industry standard of 5.0 injuries.  But some areas of Metro have four times the national rate.  In an effort to reduce worker’s compensation claims and the related costs to the transit system, Metro has focused on preventing injuries.  One of the strategies to reduce DC, Virginia and Maryland comp claims is (more…)

We have all seen scenes from depositions.  The story in the recent hit movie “The Social Network” is told in large part through the FaceBook founder’s disastrous deposition testimony.  The process of filing a lawsuit and seeing it all the way through trial after a car crash, truck accident or slip and fall can at times be disorienting and even frustrating. Perhaps one of the most intimidating parts of this process is the deposition, also known as an “examination before trial” or “EBT” in some jurisdictions.  Anyone who has been a part of a lawsuit is likely familiar with how a deposition works. Essentially, a deposition (or “depo,” for short) is where an attorney selects a specific person that they believe has information related to the case and that they would like to get that information from. The attorney then schedules a day, or sometimes several days, to sit down and ask that individual questions under oath. The information gathered during the deposition—the answers to the questions—can be used to help develop a case further and is sometimes even referenced in the actual trial.

From a personal injury plaintiff’s perspective, the deposition can be an intimidating and even uncomfortable experience. Generally, when an injured person is filing a lawsuit, it is assumed that they will be required to participate in a deposition. The opposing side’s attorneys—in car accident cases, this is often the insurance company—will confront the accident victim with (more…)

Last week saw the first flakes of the Winter of 2010-2011 at the Landau Law Shop.  There was no accumulation at the ABRAMS LANDAU Herndon law firm, but other parts of the country have already been buffeted by severe winter storms and snow accumulation.  Last year the Washington DC metropolitan area got pummeled by record-setting snow storms.  In the aftermath there were numerous calls to Herndon Virginia injury lawyer Doug Landau as the result of car crashes, dangerous conditions on commercial premises, slip and fall accidents.

Virginia Department of Transportation (“VDOT”) officials say lessons they learned in dealing with last year’s record snowfalls have translated into a series of actions to better prepare for this winter.

When snowfall exceeds 18 inches, (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.