Landau Injury Law

Our Herndon Reston area injury law firm was recently contacted by Maryland attorneys regarding a client who was seriously injured when an aftermarket bike stem snapped.  The stem likely snapped due to negligent installation, a manufacturing or design defect, or some combination of these factors.  The attorneys for the injured bicycle rider were looking for a general forensic firm so that they could retain an engineering expert to explain and support their theories of the case.  At ABRAMS LANDAU, Ltd., is not uncommon for a case involving a serious bike crash to involve several theories as to what causes lead to the cyclist’s or peloton’s injuries.  Theories in the bike stem fracture claim, like the “working diagnoses” on the popular television shows “House,” “CSI” or “E.R.” include:

1. “Negligent installation” means that when the stem was attached to the bike, it was done so improperly, which caused the injuries to the purchaser or user.  
2. “Manufacturing defect” means that the bike stem was designed properly, and installed properly, but some step(s) during the manufacturing process caused product failure and rider or peloton injury.  An example is where the metal contains defects or is not heated/cooled to the correct temperature and thus is not as strong as called for in the bicycle design specifications.
3. A “design defect” means that the bicycle stem was negligently designed, such that even if correctly assembled, it would still break and cause harm to the ultimate user.

In many slip and fall cases, car and motorcycle crashes and boating accidents, weather is a factor.  At ABRAMS LANDAU, Ltd., we often need to determine the weather conditions at, and just prior to, the time of the accident.  For example, in slip and fall cases, if it is still snowing, raining or hailing, it is a lot harder to prove the Defendant was negligent than if the precipitation had stopped for a long enough period of time for the property owner to have shoveled, salted and/or sanded.  While the best source of information may be from the eyewitnesses we interview, they are often not familiar with the pre-accident conditions relevant to the claim.  We typically get historical meteorological information from  the NOAA NCDC in Asheville, from the local newspaper archives or from a commercial service such as Accuweather.  The National Climatic Data Center (NCDC) is the world’s largest active archive of weather data.  In some cases, we may need to know the (more…)

The Virginia Tech Locomotion Research Laboratory is investigating the relationship between aging and falling, the second leading cause of death for those aged 45-75. .“If our research can save even one life, it will all be worthwhile,” said Thurmon Lockhart, an associate professor in the Grado Department of Industrial and Systems Engineering in Virginia Tech’s College of Engineering, discussing his efforts to find ways to prevent falls among the elderly.  ”As many as 50 percent of people over [age] 75 will either die or be forced to enter institutional care because of falls,” said Lockhart. Capitol Hill agrees with Lockhart about the critical importance of this type of research. The U.S. Congress recently passed and President Bush signed Senate Bill 845, the Safety of Seniors Act of 2007, which directs the Secretary of Health and Human Services to expand research programs related to preventing elder falls.    .“This legislation is timely,” Prof. Lockhart has said. “Falls and resulting deaths have been increasing.” Falls are the leading cause of accidental deaths in the United States among people over the age of 75 and the second leading cause for those aged 45 to 75, according to the National Safety Council, and the number of fatalities due to falls increased steadily from 14,900 in the year 2000 to 17,700 in 2005. .At Abrams Landau, Ltd., we represent people of all ages who have been injured or become disabled after falls.  Calls to our Herndon Reston area injury and disability firm from elderly who have sustained slip and falls come from all over the country.  William Abrams fell and broke his hip, which hastened my grandfather’s demise.  I truly hope the Virginia Tech engineers’ research leads to ways to reduce or prevent falls in those of us who are over 45.

Doug Landau once again attended the VTLA Advanced Auto Practice Retreat at The Boar’s Head Inn, Charlottesville, Virginia.  Landau has previously attended and been a presenter at this “by invitation only” program.  Topic covered have included: the use of nurse consultants, demonstrative exhibits, Traumatic Brain Injury, Permanent Scarring, Pain and Suffering, Life Care Planning and Chronic Pain, Proof of Pain at Trial (by Herndon Reston area injury lawyer Doug Landau !), Chronic Pain Management, Hematoma Impact on Nerves, Reflex Sympathy Dystrophy (”RSD”) otherwise known as Complex Regional Pain Syndrome, Burns and Wounds, Ostomy/Ileostomy Pain, Severe Fracture Pain, Working with Adjusters, Getting fairer results for the Property Damage claims and computer programming for presentation of evidence at mediation, arbitration and trial.  Doug Landau came away from the weekend meeting with a number of “golden nuggets” as some of the top trial lawyers in Virginia were able to put their heads together, away from their offices, and focus on trends and tactics that can help injured and disabled clients and their families.  A long-time VTLA member, Landau is shown here with Allen, Allen, Allen & Allen Charlottesville Office managing partner and friend Matt Murray.

When one thinks of filing appeal briefs, the image of piles of paper comes to mind.  However, the Fourth Circuit Court of Appeals is now moving towards electronic filings and documents.  Lauren Holtzman and I have received “electronic case filing” (”ECF”) training at the United States District  Court for the Eastern District of Virginia, in Alexandria.  With the new changes going into effect this month, we are learning along with everyone else who appears before this Federal Court which hears appeals from Virginia and the other courts located within its “circuit.”   Unlike the trial of this catastrophic brain injury and paralysis case, several judges will decide the appeal.  These specially trained and experienced appeals judges will not hear from live witnesses to this devastating car and cycle crash, nor would they learn from the live testimony of the various medical, economics and life care planning experts.  The judges of the Fourth Circuit will review the briefs of the parties and then decide whether to affirm the trial judge’s rulings, reverse or remand for further proceedings.

I can tell you this, it’s not because I like to read insurance policies !The reason I ask for copies of MY OWN CLIENT’S Insurance policies is so that I can see what coverage is available in case the driver who crashed into them has no insurance (or very low limits of liability coverage).  The insurance policies on other cars and vehicles in my client’s household are also important.  There may be additional insurance protection from a spouse, parent or other relative’s insurance.  In those cases where the Defendant driver has no car insurance, the insurance my clients and their families may have is critical.  It may enable my clients to get full or more complete compensation.  The insurance company pays the judgement and then can pursue the negligent defendant for their money in what is known as a “subrogation claim.”  So, that is why I ask to look at ALL the insurance policies to see what coverages may be available to help pay for what has been broken, repair what needs to be fixed and provide resources for healing and care.

Driving down to Fredericksburg, past the Courthouse where many serious injury cases have been won, Doug Landau could not help but notice the temperature rising to record levels.  Nevertheless, the Triathlon Trial Lawyer performs well in high heat and humidity.  He was confident, having won the Biathlon (Swim-Run) at the Spotsylvania YMCA 2 years ago.  And the Reston Herndon injury lawyer was excited to be biking on Route 1, Jefferson Davis Highway.  After a slow pool swim, Landau picked off competitors and arrived with a screeching transition for the run through the woods and bog.  Doug was able to finish first in the Masters category, second among the men and third overall. Landau noted that the 2 competitors ahead of him had a combined age of less than his 47 years !  He enjoyed biking past the Spotsylvania Circuit Court house, where he has tried personal injury and workers compensation cases over the last 25 years.  .More exciting than collecting his awards, Landau enjoyed helping 7-year-old “Racin’ Mason” Allen to race in her first triathlon.  This wonderful Fredericksburg girl had just had her first swim practice this week.  Her father, Edward Allen of Allen, Allen, Allen & Allen, purchased her pink bicycle the day before the race !  Mason swam with a smile, and finished in style.  

Not necessarily.  If you have your own auto coverage, or are covered under another member of your household’s policy, you may have “UNinsured Motorist” coverage.  This type of insurance is generally mandatory for Virginia drivers.  This insurance may enable you to collect against your own insurance policy.  Your insurance company can then go against the negligent Defendant to try and recover its money in a “subrogation action.”  SO, just because you may have been hit and injured by a deadbeat with no insurance, do not dispair, there may still be other coverage available to help you and your family to recover from your injuries.  At ABRAMS LANDAU, Ltd., we review our own clients’ insurance contracts in order to find coverages and protections that can assist them after a car crash.

In an event that raises funds for the Special Olympics, put on by the wonderful “FinsWheels and Feet” crew, Doug Landau, the “TriathlonTrialLawyer,” began his 2008 Triathlon Season.

After several days of rain and cold weather, some participants were in wetsuits for the short outdoor pool swim !  The race began with a 250 meter serpentine swim. Passed repeatedly in the frigid pool, Landau managed a pedestrian 4:55.39 for 63rd. After his “pokey” swim, The Athletes Lawyer passed many of those who swam faster in the first transition in a blistering 00:41.70. Next, the racers biked 20km., completing 2 laps through the rolling Virginia Run Community located across the street from Bull Run Elementary School in Centreville, VA. Landau posted 33:38.9 for an average speed of 22.1 mph, for 10th best bike split. T-2 was on frozen feet and took 1:06.45. Running on what felt like stilts in 46 degree weather was difficult, but Landau managed 6:22 pace for the last 2 miles and a 20:30.45 5km. to post the 15th fastest run split in his Newton Racing flats.

With a total time of 1:00:52.8, the Triathlon Trial Lawyer was 8th overall against some 400 other athletes. The Herndon Reston area disability, brain injury and workers comp lawyer was also 2nd in his age group, in his first Triathlon of 2008. Having finished 10th in 2005 and 8th in 2006, Landau was pleased with his performance, if not his time and age group placing. [Shown here is the TriathlonTrialLawyer Doug Landau getting his age group award from Race Director and “Riptide Sports” Shandra Richardson and the Race’s Shark Mascot !]

They can.  And they will.   Doug Landau recently settled a case for a woman who was followed, filmed and subject to surveillance after falling at the coffee shop where she had worked.  The insurance company not only learned her whereabouts in connection with her claim, but also her activities in conjunction with her handicapped son’s medical care.  The insurance company for her former employer hired private investigators to follow this middle-aged woman.  The undercover private eyes filmed Herndon Reston area injury lawyer Landau’s client doing what ?  What was the activity they “caught her doing” that wascontrary to her doctors’ orders and her allegations of disability ?             .         .          .          .                                                                                 .Doug Landau’s client, a single mother, was filmed pushing her son out of the hospital in a wheelchair !  And then she was followed, and filmed bringing her son food to eat.   The trial team at ABRAMS LANDAU presented her case and won it, despite the insurance company’s efforts and evidence.  The judge agreed with Mr. Landau that a mother sometimes has to do what a mother has to do, and that her other medical evidence and exhibits proved her case.   [Shown here are, L-R, Beatriz Vargas, Doug Landau, Diana Meredith and our happy client after receipt of the winning decision in the conference room at ABRAMS LANDAU, Ltd.]