Landau Injury Law

More than half of all fall-related deaths by the elderly are caused by brain injuries.  .This is according to the Center for Disease Control and Prevention (”CDC”) in a first-of-its-kind study.  According to the CDC investigation, the severity of brain injuries resulting from falls may not be patently obvious, even to healthcare professionals..In other words, there may not be bleeding, swelling of the skull, bruising or other indicia of brain trauma or injury according to Herndon Reston area injury lawyer Doug Landau, shown here with his membership certificate, demonstrating his over 25 years of commitment to PUBLIC JUSTICE, from this public interest law firm’s very inception..Data for the study were gathered from records of 16,000 deaths in which unintentional falls were determined to be an underlying cause of death.  For the rest of the article, see Mike Stobbe’s 6/24/08 piece in The Washington Post.

A Missouri judge has ordered several defendants to pay $7.25 million to a man who suffered severe injuries when he was attacked by a group of pit bulls in 2006.   In the ruling, the judge found that the plaintiff was left with complex facial lacerations, extensive lacerations to his upper and lower extremities, and multisystem organ failure from the attack. An additional $300,000 was also awarded to Hill’s wife, as Missouri law allows for “loss of consortium” claims.  Herndon and Reston area trial lawyer Doug Landau points out that Virginia law does not allow for a spouse’s separate claim for this loss of sex, society and services.  However, there are other states that recognize this item of loss.  If you are the victim of an animal attack or have been bitten by a dog, you AND your spouse may have rights under the law of the state where the attack occurred.  Each state also has its own time deadlines that must be strictly followed.  Failure to stay within the time limits can lead to the termination of an otherwise meritorious dog attack case.  Kevin Hoffmann, Kansas City Star, 06/10/2008.    

Businesses could save between $114,000 and $670,000 per claim by settling lawsuits early rather than mounting an extensive defense, a study of personal injury settlements has found. According to the study, which analyzed court settlements of personal injury and defective product injury cases against companies between 1988 and 2004 in Texas and Florida, early settlement offers reduce legal fees and non-economic damages. Doug Landau resolved several Florida cases for clients in the last year, and notes that there is a trend toward defense lawyers billing for depositions, written discovery, protracted motions and expert retention before there is any serious discussion of settlement.  Especially with the downturn in the economy, the insurance carriers are holding on to their reserves until the last possible moment. The of business cost savings study was published in the Columbia Business Law Review.  Sheri Qualters  06/09/2008. Read Article: Law.com    

At Abrams Landau, Ltd., we have helped people injured while participating in Sports and Recreational Activities.  We were successful on behalf of a Fairfax, Virginia golf pro who was injured in a golf cart accident at a Maryland golf course.   Doug Landau noted that a 6/16/2008 New York Times piece recently revealed that the number of injuries caused by golf carts more than doubled between 1990 and 2006.   This data was taken from a study published in the July issue of The American Journal of Preventive Medicine.According to researchers, nearly 150,000 people were hurt by golf carts during the period from 1990 to 2006, with many of those injuries resulting from falls. Researchers say the widening use of golf carts coupled with increased speed and lack of safety equipment are likely culprits for the rise in injuries.  In Mr. Landau’s golf pro injury case, the player was thrown from the cart when it was caused to tip over by recently poured paving material.  The article was by Eric Nagourney of The New York Times, 06/16/2008    

Shown here are members of the Abrams Landau trial team after the successful settlement of an Egyptian butcher’s workers compensation claim.   [From Left to right: Shiri Ahronovich, Doug Landau, our client and Workers Comp Legal Assistant Dianna Meredith]       When this gentleman returned to Virginia after a visit to his home country in the Middle East, he brought back gifts for the people who helped him after he was injured in a grocery store accident.  Clients have been generous enough to bring us gifts and presents from all over the world.  Recent “surprises” that have arrived at the Abrams Landau “Law Shop” include Hershey Kisses from a Hershey Pennsylvania area client; European chocolates from a Bulgarian family; and a food and treats basket from Michigan.   One of the more unusual gifts was a hand-carved mini sleigh from a private investigator from Woodstock !

The Herndon - Reston law firm of ABRAMS LANDAU, Ltd. has successfully settled another workers comp suicide case for a Florida family.  Using favorable Virginia case law and Doug Landau’s own winning decision in the Elliott case, this Bulgarian family was able to at last get some compensation for their tragic loss.  In a similar ruling, the Nevada Supreme Court has ruled that the families of workers who commit suicide following an industrial accident can recover workers compensation benefits. The justices held that benefits may be payable if an on-the-job injury led to the rational impairment that resulted in suicide. The ruling revives a workers compensation claim filed by the widow of a man who shot himself after suffering a severe back injury at work.  AP, Las Vegas Review Journal  07/25/2008

When a personal injury case settles, the Insurance Company wants a Release to be signed before the check is cashed so that they (and their insureds) will not get sued again on the same claim.  When a case is filed in Court, and a settlement reached or verdict in favor of the injured plaintiff returned, the Court wants a “Final Order” signed showing that the case is resolved and can be dismissed from the active Trial or Hearing calendar.  Many clients wonder, if the “Final Order” ends the case, why does the Insurance Company and its lawyers want signatures on a separate (and seemingly superfluous) “Release” ?

One reason the lawyers for the Defendants in Product Liability, Negligence, Defective Products and Food, Slip and Fall, Children’s cases, Sports Accident, Brain Trauma, and other types of Personal Injury claims, want this Release, is that

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 Here’s a first.  A closed head auto injury case client represented by another member of AAJ was once incarcerated in Connecticut.  He was a former inmate of the Conn Department of Corrections and was involved in an accident in Florida.  The State of Connecticut now asserts a “lien” (like an “I.O.U.”) for all costs of his incarceration pursuant to Section 18-85a & b, Conn. General Statutes.  While Herndon Reston injury lawyer Doug Landau has represented clients who are in jail while their personal injury and workers comp claims are pending, he has never heard of such a State Government “lien” before.  Please note that Child Support can also be taken out of Workers Comp checks, unlike nearly any other kind of lien, garnishment, debt or judgement.  The Moral of this Post:  Tell Yer Lawyer About ALL your debts, crimes, injuries, claims and court history. Tell your story, and THE WHOLE STORY, to the man on the couch !  Doug Landau will listen, but you have got to tell him ALL the facts that may affect your case ! 

Often clients will down several pints of coffee, get up at the crack of dawn, and then eat a huge breakfast before heading to court with their family.  They then arrive needing to use the facilities, tired and bloated.  Often, you see litigants falling asleep by three O’clock in the afternoon.  NOTHING NEW/UNTESTED – DO NOT try something new at trial !  Stick to your usual diet, medications and sleep habits.  DO not try new foods, drugs, diets, drinks, medications, etc., advises Super Lawyer Doug Landau.  Whether you’re from small town Herndon or you’re one of “The Best Lawyers in America,” do not do something untried and untested during your “day in Court.”  f you have any questions about your daily regiment, call Doug Landau to discuss them BEFORE you leave for the Courthouse.  You’ll be glad you did.

            Even if the claimant’s doctor has not released him/her to go back to work, Doug Landau counsels his clients to put effort into job searching that may fit their current restrictions.   If they do not find employment, there is at least a written record of their efforts as evidence that the injured worker is not malingering, but would seriously like to work.  Waiting for the employer to accept the claimant back to work is not necessarily the best result for the claimant.  ABRAMS LANDAU clients who have sustained permanent arm, leg or head injuries may not ever be able to go back to their old jobs.  BUT, there are other, easier, “light duty jobs,” that they can do.  The Virginia Workers Compensation Commission sometimes calls these jobs “selective duty positions.”  Whether the injured worker has had a broken leg or a brain injury, the Commission will often look to see what efforts they have made to look for light work that they CAN do.  Failure to even look can serve as the basis for an insurance company terminating benefits.

            The recent case of  John Quinn Inc. v. Barry   is an example of what is expected and the law in Virginia.  At the time of his accident, an injured employee was working two jobs, one of which was a part-time job at Home Depot.   The claimant could not return to his pre-injury work with his primary employer or any with any manufacturing or construction position.  The claimant accepted a full-time position with Home Depot where his work activities were limited as a result of his injury.  The Virginia Court of Appeals overturned the Commission Award of TPD because the Court was not convinced that the claimant’s acceptance of the full-time position with Home Depot constituted adequate marketing of his residual capacity.  The Court determined that the claimant failed to meet his burden of proof. 

See: John Quinn Inc. v. Barry (Frank, J.)Virginia Court of Appeals No. 2229-07-2, July 15, 2008, Virginia Lawyers Weekly 008-7-333(UP),9pp