Landau Injury Law

Sometimes I regale clients with stories from my grandparents.  Other times I use examples from my own life to explain some complex legal issue.  Coming across the following, I realize that much of what I learned, I learned in kindergarten.  The book with this title encapsulates the rules we should all live by.  “All I really need to know about how to live and what to do and how to be I learned in kindergarten. Wisdom was not at the top of the graduate school mountain, but there in the sand pile at school. These are the things I learned:

Share everything.
Play fair.
Don’t hit people.
Put things back where you found them.
Clean up your own mess.
Don’t take things that aren’t yours.
Say you’re sorry when you hurt somebody. (more…)

While we strive to give our clients and community useful information, we also wanted to take a moment to say “Thank You.” Thank you for calling on us in your time of need. Thank you for trusting us with your cases. Thank you for referring your friends, neighbors, co-workers and family members to our Law Shop. We hope we continue to assist you and your loved ones in 2012.

The story of a courageous family caught up by unjust racial laws and the trial lawyers who helped change racist policies makes for a compelling story.  And this story is true.  The Washington West film festival will be showing a new film about George and Mildred Loving, Thursday, November 3rd at 6:30 pm. I hope you will join Melissa and me for the premier of this documentary “THE LOVING STORY.”

If you would like a ticket then please e-mail Melissa or call (703)-796-9555. As long as a seat is still available, you are welcome to be my guest. We will be meeting at 6 pm in front of the Reston Bow Tie Cinema Theatre in Reston Town Center, Virginia, just off the Dulles Toll Road (Route #267).

The Loving’s story is one of a bi-racial couple married in 1958 when Virginia and 19 other states had anti miscegenation laws.  The Lovings were arrested in their home, jailed, tried and convicted.  They were then basically banished by the Commonwealth of Virginia for 25 years.  Eventually, with the help of my dear friend Bernard Cohen and the ACLU, the United States Supreme Court overturned the state courts’ rulings and made laws banning marriage based on race unconstitutional.  The Loving’s story is one of courage, hope, love, and faith in justice.  I hope you will join us to celebrate their story and the evolution of justice in Virginia.  Bernard Cohen, who argued the case before the nation’s highest court and is one of our country’s great lawyers, will also be in attendance.

"Tigger" and "Piglet" Landau (P'04, '09, '13) at the annual Madeira School Halloween Parade around the oval in McLean, Virginia

A wonderful tradition at The Madeira School is the annual Halloween Parade.  As this is our last daughter’s last year at this outstanding high school, we could not fail to participate.  I have been: a “Madeira Soccer Cheerleader,” “Mr. Incredible,” a “Hydrogen Atom,” and the Madeira Varsity Soccer Team (as my daughter !), I had to march one more time.  My wife and I went as “Tigger” & “Piglet” from the “Winnie the Pooh” stories.  The role was not a stretch for me, as other lawyers have commented that I have more energy than any other lawyer and that I “make coffee nervous !”  I did not even need a pogo stick !

My staff tells prospective clients that if they want a boring lawyer who sits behind a desk and never bounces out of his chair to go to court, that I am not the one they want for their injury, disability or workers compensation claim.  But if they want an office with lots of energy, courage, staff, space, creativity and experience, then they have come to the right place.  The Landau Law Shop in Herndon, Virginia, is  where “Tigger the Lawyer” can be found.

With back to school comes varsity sports and all the late night practices, close friendships, and sadly injuries.  Concussions occur too often each year and are a potentially dangerous injury.  Concussions occur when a person is stuck on the head and the brain on the opposite side bruises from the impact with the skull. While concussions are rarely a devastating injury after one occurrence, multiple occurrences of this injury can have an accumulative adverse affect.  This is why on July 1, 2011 Virginia passed a law where any student which sustains a concussion is benched until they receive medical clearance from a medical professional or athletic trainer. For more details check out the Student-Athlete Protection Act which focuses on minimizing further damage from a concussion which could effect them later in life.

Fortunately, the community has also identified how devastating concussions can be are are spreading awareness and implementing precautions.  For example, some schools are utilizing a computer program which can identify concussions faster and more accurately.  In addition, Dick’s Sport Goods has created PACE (Protecting Athletes through Concussion Education) a program designed to spread information about concussions with the support of famous athletes like Doug Flutie and Jerome Bettis. The AAN (American Academy of Neurology) has put together a website toolkit for parents and students to prevent and recognize concussions. While concussion are a serious matter it is good to know that both the legal and local communities are taking strong steps to keep student sports fun but also safe.

As the medical profession continues to learn more about the adverse long term effect of concussions, it is important to be safe instead of sorry.  If you or your child has sustained a head trauma please  get it examined by a medical professional. If you think you need legal advice concerning a concussion or other wrongfully acquired injury please contact us at the Herndon Law Shop at 703-796-9555 or email us.

Why is my car crash case worth less than my neighbors when we have the same amount of medical bills? Some cases may appear to be very similar at first glance but get awarded very differently.  Understandably many people can find this confusing. The courts look beyond just the dollar amount in making its’ decisions which will play as a major factor in a case.

The financial outcome of a case goes beyond just a number the court would decide to award.  Take for instance two people, Sarah from Sterling, VA and Johnny from Loudoun, VA.  Both were injured driving on Route 7 in a similar situation beyond their control and both incurred $30,000 worth of medical expenses.  Sarah’s expenses were incurred from massage, diagnostic testing (where the results are “within normal limits” or “negative”), homeopathic care and naturopathic medications.  Johnny’s bills, on the other hand, are from Emergency Room admission for 2 nights, positive findings on x-ray, MRI & other objective testing, surgery and scar revision.  Some 6 months later both are now fortunately in better condition but have now turned to the courts to aid them with their financial burden.

Sarah’s case is met with some difficultly as her treatment is viewed as “palliative care and diagnostic testing” which a jury can find as “usual & customary care, over treatment and utilization review.”  Johnny’s treatment is more traditional which initiated a more expansive discussion. Since there are not any other major factors and liability (fault) is not disputed then the difference in medical treatment is a large factor.
Typically, Sarah will receive a lower number than Johnny as her treatment was non-traditional.  Also, Sarah’s award will most likely be less than her medical bills.

It is important to receive the medical attention for a complete and speedy recovery, but the courts can vary how they view the treatment.  If you know of a similar situation and  are looking to pursue legal aid please contact The Herndon Law Shop in Virginia at 703-796-9555 or email us.

Tireless advocate for injured workers in the District of Columbia, Paulette Chapman, is running for DC Bar President.  I have seen her teach, her work product and her excellent results and she would be an effective DC Bar President.  She is an excellent trial lawyer with the DC office of Koonz, McKinney, Johnson & Lightfoot who represents individuals, not insurance companies.  She “walks the walk and talks the talk” and is a pretty good athlete as well !  (Biking and basketball).  Paulette has been President of the Women’s Bar Association of the District of Columbia and President of the Bar Association of the District of Columbia.  She is also active in the DC Trial Lawyers Association and the Association for Justice, where I see her regularly at our meetings, conventions and continuing legal education seminars.   For more information, click here.  I just received my ballot in the mail, and Online voting is now open at www.dcbar.org/elections until June 3.

When a manufacturer puts a dangerous product out for sale or a supplier offers an unsafe import, what governmental agency is there for the injured purchaser ?  The U.S. Consumer Product Safety Commission (“CPSC”) is charged with protecting the public from unreasonable risks of injury or death from thousands of types of consumer products under the agency’s jurisdiction. The CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical, or mechanical hazard. The CPSC’s work to ensure the safety of consumer products – such as toys, cribs, power tools, cigarette lighters, and household chemicals – contributed significantly to the decline in the rate of deaths and injuries associated with consumer products over the past 30 years.  Think about that, despite the increase in the number of consumer goods and the United States population over the last three decades, the indigents of product related injury and fatal accidents has declined.

Doug Landau of the Herndon law firm ABRAMS LANDAU first utilized the CPSC’s resources when researching dangerous air guns and other recreational products.  It is important for everyone to report defective or dangerous products, as the CPSC does not just collect data of harmful products, but also injuries.  Recalls by this governmental agency can prevent future consumers from being injured.  Plus, holding manufacturers accountable for shoddy and harmful products helps keep safe product makers competitive while punishing those who supply dangerous goods to unsuspecting U.S. consumers.

CPSC Recall Hotline: (800) 638-2772
CPSC Media Contact: (301) 504-7908

Herndon Virginia injury lawyer Doug Landau may look like a blur on the the track, but he will stop and take the time to help you and your family with your injury and disability case. He meets with clients who come and watch, cheer and critique after nearly every case, race and speech !

While Doug Landau has always encouraged clients to see him try other cases and lecture other lawyers in Continuing Legal Education (CLE) programs, the triathlon trial lawyer also encourages clients, their friends and families to see him compete in running races, triathlons, track meets, multi-sport events all over Virginia and the rest of the country.  Because it is often hard for injured and disabled clients to travel to the Herndon home of the ABRAMS LANDAU law firm, Landau makes himself available after races, just like after cases, to speak with those who seek his help.  For his upcoming racing schedule to cheer him on and see him “in action”, go to our sports law site, www.TheAthletesLawyer.com for yesterday’s posted race list.

By doing extra work ahead of time, injured workers lawyer Doug Landau went to Arlington Circuit Court in order to get pre-trial rulings on what would be the fair rulings of the Court so as to avoid a mistrial or misunderstandings

Just because someone is hurt on the job should not mean that they give up all right to privacy.  Insurance defense lawyers enjoy going on “fishing expeditions” to try to find out all the “dirt” they can on the injured victims and their families.  Sometimes these tactics reveal relevant information that should be brought before the judge and jury.  Most times, such information, while “fair game” in pre-trial discovery, is not relevant for trial.  Workplace injury lawyer Doug Landau has been asked, “Is there anything my lawyer can do so that embarrassing stuff I did does not distract the jury at my personal injury trial ?”

The short answer is “yes.”  Unless your accident lawyer is lazy, he or she should file what is called a “Motion in Limine” or “Pre-Trial Motion” and ask the Court to decide which things the insurance defense lawyers can talk about and which (more…)