Archive for January, 2008

Reston Triathlon Redux

DSCN0889.JPGReminder from the TriathlonTrialLawyer Doug Landau - there is only a week to go before the registration for the always popular (and instantly sold out) Reston Triathlon. Here are scenes from last year’s exciting race, where TheAthletesLawyer Landau was a volunteer:

TriathlonTrialLawyer_Reston_finishers_2006.jpeg
TriathlonTrialLawyer_Reston_finishers_2006.jpeg

Triathlon_Trial_Lawyer_Dismount.jpeg
Triathlon_Trial_Lawyer_Dismount.jpeg

Injured_Triathletes_Lawyer_dismount.jpeg
Injured_Triathletes_Lawyer_dismount.jpeg

.

DSCN0888.JPG

Triathlon Trial Lawyer Doug Landau’s free advice for an injured triathlete, part 2

After the injured triathlete has gotten clearance from the treating doctor, and progressed from stretching, strength training, to endurance training for the NON-INJURED leg, then progression to more challenging exercise protocols may be indicated. While Doug Landau’s free sports training advice is worth what you pay for it, he counsels the injured triathlete as follows:

If safe to do so, you can use the exercise or spin bikes to do 1-legged cycling. I do it religiously to perfect form and teach my body to cycle in “COMPLETE CIRCLES”.

TraithlonInjuryLawyer_Doug_Landau___Delacroix.jpeg
TraithlonInjuryLawyer_Doug_Landau___Delacroix.jpeg
Most injured cyclists can “mash down” on the pedals. Few triathletes have a smooth, circular cycle pattern. Concentrating on the “pull-back,” “pull up” and push forward” stages of the 360 degree pedalling circle will pay dividends come race season. Triathlon Trial Lawyer Doug Landau DOES NOT recommend one-legged cycling on the roads. If you do, you might wind up a client at Abrams Landau, Ltd., and I would rather not meet by accident ! Plus, sports scientists will tell you that exercising the NON-injured side Read the rest of this entry »

Free advice for Injured Triathletes, Bike Crash Victims and other Disabled Athletes

Triathlon Trial Lawyer Doug Landau is frequently asked advise injured cyclists, triathletes and other sports enthusiasts because of his background in sports medicine and experience as a USAT All American.

TriathlonInjuryLawyer_DougLandau_Reston_prize_Med_Tent_SAger.jpeg
TriathlonInjuryLawyer_DougLandau_Reston_prize_Med_Tent_SAger.jpeg
More importantly, Landau has experience in bike crashes, his own accidents and sports injuries over the years. Because the injured triathlete’s lawyer spends the time to actually read his injured client’s medial records, attend continuing medical education (”CME”) lectures and visits with the treating doctors, Landau is willing to share information with bike crash victims and disabled athletes all over the country. Doug Landau [shown at left at the 2006 Reston Triathlon Medical Tent with long-time friend, Board Certified Internal Medicine Specialist and FAA Inspecting physician Dennis Sager, M.D.] was recently contacted by an injured athlete concerned that she would lose all fitness recovering from a lower leg injury. Landau advised:

First, ankle & foot fractures can be complicated. There are lots of little bones down there and they can take a long time to heal if not properly (and promptly treated). Once you are seen & treated, then you can ask if you can do upper body exercise, working on your “weak spots,” making use of the hand crank upper body ergometer, free weights, etc. There are some athletes who take the position that it is wise to work very hard during this down time (as in the “pre-season”) on these otherwise neglected body parts. Stretching is also very beneficial during “down time.” Injured Triathletes find that stretching stimulates the nerves, retards atrophy (muscle wasting) and sends signals to the brain that in essence say,

“Hey brain, don’t forget about us muscles, we’re still here, send us some nutrients and keep us limber and ready for action !” DO not stretch the injured parts until your sports medicine specialist give you the “green light.”

Look for tomorrow’s post for the rest of the Triathlon Trial Lawyer Doug Landau’s free advice for this injured triathlete…

Contributory Negligence and Children Injured in Bike Crashes

Contributory negligence bars many claims brought in Virginia by injured cyclists, runners, swimmers and other athletes according to the Triathlon Trial Lawyer Doug Landau. However, this outdated and harsh defense does not apply as strictly to children injured in bike crashes, recreational activities and sports accidents. TriathlonTrialLawyer_kids_Nobel_prizewinners.JPG

The trial team at Abrams Landau, Ltd. has successfully represented children in bike crash, sports injury and dog attack cases throughout Virginia despite this defense.  According to The Athletes Lawyer Doug Landau, children, present a special case when applying Virginia’s contributory negligence rule because Read the rest of this entry »

How do you find witnesses to bicycle and car crash cases ?

Abrams Landau is contacted in many cases where the injured bicyclist or runner does not know the whereabouts of any witnesses. In cases involving head trauma or brain injury, it is almost impossible for the unconscious cyclist or traumatized members of the peloton to capture information about potential witnesses, passing cars, or investigating officers.

Triathlon Trial Lawyer Doug Landau has canvassed the area of a bicycle crash on behalf of a brain injured cyclist. The lawyer triathlete has also inspected crash scenes and debris fields. The Abrams Landau trial team has put up posters (like the one shown in the picture),

Triathlon_Trial_Lawyer_Accident_Sign.jpeg
Triathlon_Trial_Lawyer_Accident_Sign.jpeg
notices in local grocery stores and advertisements in newspapers. The Landau Law Shop has even put up signs at the W&OD Bike Trail in order to help cyclists with traumatic brain injury, orthopedic injuries and negligence cases.

Another avenue Doug Landau has come across in his quest to help injured bikers, triathletes and bicycle tourists is the local police traffic posts. Here is an example from a car and bicycle crash injury case from Loudoun County, Virginia: Triathlon Trial Lawyer_Herndon_Parkway___Eldon_4.15.05.JPG
Investigators Seek Witnesses in Multiple Vehicle Crash on Rt 7/Campus Drive Tuesday Afternoon
The Loudoun Sheriff’s Office is investigating a
crash involving three vehicles and a bicycle that
sent six people to area hospitals. Witnesses to the
crash …
www.loudouncountytraffic.com/
2007/08/investigators-seek-witnesses-in.html
- 96k

Eagleman Triathlon Case (part 2 of 2)

 

So what happened to the young triathlete who was in the crash within sight of the Eagleman Triathlon finish line ?

Like many fit multisport athletes, he healed quickly, and returned to training and competition the next season. The Plaintiff is a friend, teammate and training partner of Mr. Landau has since the case settled, relocated from Sterling to California, in order to attend law school ! Because he was able to produce documentation as to the cost of his racing bike, he was reimbursed in the property damage claim fairly soon. However, the injuries to his body took longer to heal and the bodily injury claim settled after he had surgery and physical therapy. Representing injured athletes poses special challenges and rewards for The Athletes Lawyer, Doug Landau. One of the hard parts of these cases is keeping the IMpatient client “on the sidelines” so that he does not undo the good work that has already been done by the treating doctors and therapists. Mr. Landau’s client in this Maryland bike crash case was treated by the excellent doctors and sports medicine specialists of Town Center Orthopedics in Reston, Virginia (www.towncenterorthopaedics.com). Drs. Thal, Fleeter, Kartalian, et al., volunteer their time and services at the Reston Triathlon every year, and are also a sponsor of this event.

Triathlon Trial Lawyer Doug Landau was able to negotiate a settlement of the bodily injury case with USAA, the negligent Defendant’s automobile insurance company. The Abrams Landau client had wage loss from his job, permanency to the left shoulder post anterior capsulorrhaphy surgery (for the large flap labral tear, glenohumeral capsular tear and rotator cuff tendonitis); as well as other items of loss such as medications, travel expenses for medical treatment, etc. Because of his aggressive post-operative therapy and exercise regiment, and in no small part due to his excellent physical shape pre-crash, the Plaintiff had only a 5% permanency rating to the shoulder according to Dr. Thal. This board certified orthopedic surgeon has operated successfully on other Landau Law Shop clients, including other multi-sport athletes and cyclists. Dr. Thal is also seen on television when he and Dr. Kartalian are on the sidelines as the Washingtion Redskins team physicians.

 

Eagleman Triathlon Case (part 1)

 

 

As he approached the end of the Eagleman Half Ironman Triathlon bike course, with the finish line in sight, our client was struck broad side by a motorist who just could not wait…

The Eagleman Half Iron Man Triathlon has competitors from all over the world and is one of the top races in the country. The race sells out almost as soon as registration opens, and many athletes plan their season around this popular and challenging event. There were ample volunteers, and the Columbia Triathlon Association (CTA) does a wonderful job of More…marshalling its courses and putting on safe races. [For CTA events and information, go to www.tricolumbia.org]

Doug Landau has participated in shorter CTA races such as the Blackwater Duathlon (run-bike-run). The Triathlon Trial Lawyer intends to again compete in the ultra-competitive Columbia (MD) Olympic Distance Triathlon on May 18, 2008. Race Director Bob Vigorito is nationally known for putting on world class events and giving back to the triathlon and multisport community. He is generous with his time and resources but even the most prescient RD cannot prevent every mishap, injury or intentional recklessness.

SO, no matter how fantastic the race and its reputation, race volunteers on foot are no match for inconsiderate and negligent drivers. It is incumbent upon every competitor to use ALL THEIR SENSES so that accidents can be avoided and injuries prevented. Continued tomorrow…

 

Pro Golfer thrown out of cart at Maryland National and breaks arm

GOLF PRO INJURED AT MARYLAND NATIONAL GOLF COURSE. Herndon lawyer Doug Landau of Abrams Landau, Ltd. represented a local teaching pro whose arm was broken when he was thrown from a golf cart while practicing for an upcoming tournament. The plaintiff was a teaching pro at a local Virginia Golf course. Annis_Rislove_mock_trial_2005.JPG He came to ABRAMS LANDAU in Herndon, Virginia on the recommendation of his orthopedic surgeon for his unique sports injury and premises liability case. The golfer’s lawyer Doug Landau has experience representing injured athletes. The injured athletes lawyer has represented other recreational and nationally ranked athletes in their negligence cases on the recommendations of their doctors. (Co-counsel Ken Annis shown here in Court with a map of the golf course behind him.) Members of the plaintiff’s foursome, including an off duty police officer, testified Read the rest of this entry »

Motor vehicle strikes state college tennis player in Virginia Tech campus crosswalk, part 2

The Athletes Lawyer Doug Landau presented exhibits to graphically demonstrate the “non-economic” losses in the case, including GPA, cumulative GPA, and tennis ranking. The plaintiff was one of the top tennis players at Tech since it joined the competitive ACC, and counsel was able to show the costs to this out-of-state scholarship athlete caused by this crash.

JJserves.jpeg
JJserves.jpeg

Because the spring season had already started, the NCAA would not allow her to “redshirt,” so she lost the year forever. At Virginia Tech, she excelled from the start, playing 2nd singles and was constantly contending for the 1st spot. She was also on the #1 doubles team, which was ranked 43rd in the country. Ten days before the accident, the plaintiff upset the #2 player on the #3-ranked team in the country. At that time, it appeared she would be eligible for the NCAA tournament in the spring, an honor no Virginia Tech player had ever qualified for before. This freshman was featured twice as an “Athlete of the Week” for winning Tech’s first-ever ACC match.

When she returned to tennis after the crash, Mr. Landau’s client played behind two players she had played in front of before, and she has not been an “Athlete of the Week.” The Athletes Lawyer Doug Landau observes that it is difficult when representing an elite athlete to demonstrate the true extent of what has been taken from them, as the permanency ratings that physicians normally resort to do not take into account these victims’ significant preinjury abilities.

In addition to $2,600 for summer school, other costs the Abrams Landau trial team had assembled evidence supporting the expenses claimed in order to bring her back to the physical and mental condition this elite, nationally ranked athlete was in prior to the crash included five months of intensive training and tournament travel expenses. The Athletes Lawyer was prepared to present expert testimony as to these items of loss in order to show what it would take to put her in the condition she was in prior to the crash. The case settled such that the client’s studies would not be interrupted by trial and pretrial discovery. She will leave college not with debt, but with long-range goals and the financial ability to achieve them.

Motor vehicle strikes state college tennis player in Virginia Tech campus crosswalk, part 1

We have been fortunate at Abrams Landau to represent some truly remarkable and inspiring individuals. For the Atheletes Lawyer Doug Landau, this was such a case…

JJ_crosswalk_narrow.jpeg
JJ_crosswalk_narrow.jpeg

The plaintiff was a student at Virginia Tech in Blacksburg, Virginia. She was walking in the pedestrian crosswalk when, without warning, the defendant slammed into her, hurling her through the air and onto the pavement.

As the plaintiff lay on the ground, officers took photos of the dents and damage to the defendant’s pickup truck made by the 19-year-old girl’s body.

Herndon Lawyer Doug Landau’s young client (shown here at the site of the crash in the center of the Tech campus) sustained a fractured collarbone, compartment syndrome and multiple contusions.

The defendant fought the traffic charge, resulting in a 92-page General District Court transcript!

Because the defendant and his insurance company would not accept full responsibility for this event, the athletes lawyer filed suit in the Circuit Court of Montgomery County. More…The plaintiff was followed by VCOM’s (Virginia College of Osteopathic Medicine) Dr. Michael Sampson. This young Abrams Landau client was an outstanding young athlete; she had never been injured before. What is more remarkable, she had overcome being born with no left arm below the elbow.

The Athletes Lawyer assembled the evidence of the fact that this injured client was a nationally ranked in her precollege career, using a prosthetic arm and hand to toss the ball. Trained at the Smith Sterns Tennis Academy in Hilton Head Island, S.C., by none other than U.S. tennis champion Stan Smith, she utilizes a one-arm backhand, a perfect drop shot, serve, and topspin backhand that enabled her to play at the highest levels of amateur tennis. Because of the time loss caused by her campus crash injury, the injured pedestrian had to take summer-school classes according to staff at Abrams Landau, Ltd.

How did the Athletes Lawyer present evidence of damages when the injured athlete’s medical bills were covered by insurance and the University and she was not “employed” at the time of the crash ? (Continued tomorrow…)

Douglas K.W. Landau is admitted to practice in DC, VA, CT, FL, and NJ. Abrams Landau services clients in Washington DC, Pennsylvania, PA, Maryland, MD, Virginia, VA (including Northern Virginia, Fairfax county, Loudoun county, Herndon, Reston, and more), Connecticut, CT, Georgia, GA, Florida, FL, New Hampshire, NH, New York, NY, New Jersey, NJ, Maine, Massachusetts, MA, Rhode Island, RI, North Carolina, NC, and South Carolina, SC.

Information disseminated on this website is intended for informational purposes only and is not legal advice. This information is not intended to create an attorney-client or similar relationship. Please do not send us confidential information. Past successes cannot be an assurance of future success. Whether you need legal services and which lawyer you select are important decisions that should not be based solely upon this website. Please contact: Abrams Landau Ltd. at (703) 796-9555.