The Athlete's Lawyer

Statistics are important to sports fans. Sometime I think that baseball fans like the statistics more than the actual sport. Statistics are also important for Sports Medicine practitioners and active athletes. Tracking trends in injuries can help in the treatment and prevention of many common ailments. It is also important to track those risk factors that predispose people toward acute, chronic and overuse type injuries.

One of the goals of the Winter or “off season” training period is to strengthen those weaknesses that may tend to cause injury or hamper performance during the “peak” or racing season. For example, I regularly do one-legged stationary cycling in the winter in order to develop the full circular motion of correct cycling biomechanics. I also work on lower leg strength and stability with a BOSU, tilt board or other balance enforcing equipment. Strengthening my ankles, tendons and ligaments over the years has lead to a reduction of sprains, strains, tears and “down time” during the competitive season. For an excellent graph of common running injuries and discussion of risk factors, see, “A Quick Look At Running Injuries written for Podiatry Management Magazine for practitioners and students” from Dr. Pribut’s Running Injuries Page. Dr. Stephen M. Pribut has a Podiatric Medicine and Surgery practice in Washington, D.C.

In the last post I wrote about jogging strollers and baby joggers.  They are both ways to keep in shape while spending time with little kids.  Another way to keep active after the arrival of a “wee one,” is by backpacking with one of the new baby packs.  When I was in California visiting family, I was able to try out one of these fancy rigs.  It was very comfortable and my “navigator” seemed to enjoy the view.  With a canopy to keep the sun off of sensitive skin and a water bottle close at hand, my nephew had a fine time and I was getting up a good sweat in the hills of Malibu’s state park.  It is important to make sure that all the straps are correctly fitted and that none of the baby’s parts are being pinched or rubbed.  I have had my own children fall asleep in these backpack-style baby carriers.  You can also stop on a dime and get the child out to explore some interesting thing on the way.  My own kids liked to touch turtles, collect rocks, pick berries and honeysuckle.  Get out, enjoy nature and take your pint-sixed passenger along for the ride !

When I first started running with my kids in a stroller, there was only one company making a “jogging stroller.”  The “baby jogger” came out in 1984, and our first child was in one in 1986.   It was a single stroller, with 3 wheels, very stable and only slightly portable.  We took it on planes, trains and long car trips so that the kids could share the sight, sounds, smells and surroundings of wherever we went.  It was virtually indestructible, except for the time I left it on the roof, attached with bungee cords, and in my haste to get to a race, forgot as I pulled into a parking garage to the sickening sound of metal crashing into cement.

It is important not only to properly assemble your jogging stroller but also to be careful on how you use it.  I will confess that when our son was a baby, we went on a trip with both kids and only a single baby jogger.  We hung him off the back, suspended in his “Johnny Jump-Up.”  Lest the stroller tip from the weight imbalance, we put a rock on the front of the stroller, affixed with what else – duct tape !  When I saw these strollers at Tysons Mall, I was reminded of this “new parent” indiscretion and safety faux pax.  The instructions on the mall strollers are intended for people like me.  Now for some serious tips for parents who want to run with their children in jogging strollers and baby joggers, go to  Jogging strollers: Tips for running with small kids.  And get out and have fun with the little ones.

At ABRAMS LANDAU, Ltd. car crash clients often ask if the property damage case and the personal injury can be settled at the same time. In serious injury cases, this is not a good idea. While the “dings” and damage to a car’s chassis will not “heal” on their own, the human body is remarkable, and recuperation starts right away. That is why I advise clients to settle their property damage (or “PD”) claims as soon as they have their own estimate (or “2nd opinion”). In order to avoid being “low-balled” by the insurance company, the team at our Herndon Reston area injury and disability law firm highly recommend having the damaged vehicle looked at by your service station, car dealer or other knowledgeable mechanic BEFORE agreeing to accept the property damage offer. It is also important to make sure that ALL the property that was damaged by the crash is covered. You cannot go back for an additional settlement after accepting the insurance carrier’s check for the PD claim.

SO, if your eyeglasses were smashed, cell phone ruined, stereo crushed, ipod waterlogged or trunk contents soiled; take photographs, get receipts for purchase and/or replacement and make sure you include them in your property damage demand. When you do settle the property damage claim, common sense suggests that you make sure the check does not state “FULL AND FINAL SETTLEMENT OF ALL CLAIMS.” We had one case where the unsuspecting accident victim signed off on such a check, only to find that her personal injury or “bodily injury” (“BI”) claim was being denied by the insurance company, which maintained that their check settled ALL the claims this woman had as the result of the crash. That is another reason why it is important to get legal counsel AS SOON AS POSSIBLE AFTER A MAJOR CAR WRECK OR TRUCK CRASH. At ABRAMS LANDAU, Ltd., we do not take any fee from property damage monies recovered unless the PD claim also has to be tried.

In an effort to represent his injured and disabled clients to the best of his ability, and to move their cases along more quickly in the face of ever increasing governmental red tape and insurance industry intransigence, Doug Landau travels all over Virginia and throughout the East Coast. Recently, the Triathlon Trial Lawyer travelled to Bedford to meet with superb claimants’ attorney Richard Thomas and then to Roanoke in order to get the settlement papers for a paralyzed client signed by defense counsel. By hand carrying the documents, Landau was able to make sure the execution was done correctly. By being present and taking the papers to the defense firm he had been fighting with for 9 months, he was able to make any changes or additions to the important settlement package. This settlement would result in over $600,000 in benefits for ABRAMS LANDAU’s out-of-state client, after the Insurance company cut off his weekly checks over 2 years ago!

While many personal injury lawyers claim to represent injured or disabled workers, very few have the courage to go face to face with their opponents on their opponents’ turf. Secondly, very few lawyers will take important papers to the other side in order to make sure they get done correctly and QUICKLY. Thirdly, only a handful of injury and disability lawyers will travel across the Commonwealth or out of state in order to move their clients’ cases along more quickly and to put the pressure on the defense counsel, insurance company or third party administrators. Doug Landau will be doing this again next month, when he returns to Richmond. The “travelling TriathlonTrialLawyer” will be taking the depositions of adjusters and claims managers AT THE INSURANCE COMPANIES HEADQUARTERS in order to expedite the information needed by his clients to get their fair benefits.

After struggling over the last 3 triathlons, and even walking for the first time in his career at the DC Nations Triathlon, Doug Landau has withdrawn from racing until further notice.

While upcoming events of interest will continue to be posted, the Triathlon Trial Lawyer will not compete at the several races he has already registered for and he has curtailed training. In addition to cramping, especially in the legs, after T-2, Landau has been breathing louder than a race horse. At the DC Triathlon, after the first mile of the run, he felt like someone had punched him in the gut, and so he was reduced to walking around Hains Point and through the downtown Capitol area.

Ever the stubborn competitor, Landau managed to finish, walking across the finish line just as he had at the 25th Annual Reston Triathlon. Mrs. Landau thinks her “hard- headed husband” had bronchitis, bronchial pneumonia or other illness that he did not get treated until it had settled into his chest. Doug denies all of these allegations, but promised to see Reston Triathlon physician Dennis Sager. Stay tuned !

[Triathlon Trial Lawyer Doug Landau is shown here after the USAT National Aquathon Championships. Landau and Maccabiah Games Teammate Steve Schloss both qualified for the Aquathon World Championships. Landau always wants to "put his best foot forward."]

Enjoying a gorgeous, sunny day on the Maryland peninsula and raising money for several worthy causes, Herndon Reston area bicycle injury lawyer Doug Landau met up with several Northern Virginia lawyers after completing the 100 mile Sea Gull Century. Shown here at the finish at Salisbury State University are: Triathlon Trial Lawyer Doug Landau, Alexandria lawyer Tom Curcio, Fairfax attorneys Steve Horvath and Northern Virginia lawyers convene in Maryland at Sea Gull Century.

Enjoying a gorgeous, sunny day on the Maryland peninsula and raising money for several worthy causes, Herndon Reston area bicycle injury lawyer Doug Landau met up with several Northern Virginia lawyers after completing the 100 mile Sea Gull Century. Shown here at the finish at Salisbury State University is Triathlon Trial Lawyer Doug Landau, Alexandria lawyer Tom Curcio, Fairfax attorneys Steve Horvath and Fairfax General District Court Judge Tom Gallahue. While this was only Landau’s first Sea Gull Century, the other lawyers have all been riding in this bicycle tour for many years. While this was only Landau’s first Sea Gull Century, the other lawyers have all been riding in this bicycle tour for many years.

Last summer I had gone to Snow Hill Maryland several times in order to try a workers comp claim.

One of the reasons I went all the way down tot he tip of Maryland is that this was for a long-time client who re-broke his back.  he had had his spine put back together with rods and screws as the result of the first case I won for him.  One of the rods broke and was removed in the second Virginia claim I helped him with, and now, he had fallen and reinjured himself again.  Together with Maryland counsel, we had won before the comp judge, but the case had been appealed.  In Maryland, that means a jury trial in a workers compensation case !  After numerous depositions and motions, the case settled favorably for this Ocean City client, whom I had represented twice before in Virginia, on the eve of trial.

This beautiful part of the DelMarVa peninsula is very flat and undeveloped, and I had raced on the shores on both sides, but never explored the interior.  As an anniversary present, my bride signed us up for the 20th anniversary Sea Gull Century.  While it took me all day, we did manage to ride the entire 100 miles.  The event was well-supported, with friendly volunteers, mechanics and spectators.  The only hill was on the bridge approaching Assateague, and there were Sag wagons available.  Shown here is Doug Landau with Fairfax lawyer Dixon Young and Alexandria lawyer Tom Curcio at the Assateague Island State Park rest stop during the Sea Gull Century.  I have ridden and run with these Virginia Trial lawyers before, and it was nice to be surprised and see familiar faces in the crowd.

Doug Landau is set to participate in the 20th annual Sea Gull Century, named among the top 10 century rides in the nation by Bicycling magazine. The Ride Magazine has called the century “one of the prettiest big rides in America” and The Washington Post has named it “by far the most popular local century” in the Maryland-Delaware-Virginia region. However, to ensure a safe and injury-free ride for over 6,000 participants, the directors remind bikers that bicycles are legally defined as vehicles in Maryland. Therefore, on all public highways where cycling is allowed, the rider must:

1. Obey all traffic signs, signals and other control devices.
2. Ride with vehicular traffic flow (as near to the right of the roadway as practical).
3. Use standard arm signals to alert others of the cyclist’s intentions.

Cyclists must NOT:

1. Wear headsets while riding on a public highway.
2. “Hitch a ride” by attaching to any other vehicle operating on a public highway.
3. Carry passengers unless the bicycle is equipped with seat securely attached to it for each passenger.
4. Operate the bicycle in a careless or negligent manner.
5. Conduct or participate in a bicycle racing event on a public highway that has not been approved by the State of Maryland and/or local agencies.

Since 2004, the USAT has recorded 26 triathlon fatalities; 21 of these died during the swim.

But what makes the triathlon deaths more mysterious is that they all occurred during the first part of the race. Deaths during marathons tend to be more evenly distributed over the course of the 26.2 miles, with the largest grouping in the last mile, said Dr. William Roberts, a professor of family medicine at the University of Minnesota Medical School and the medical director of the Twin Cities Marathon, who has studied marathon deaths in the United States.

According to the July 31st, 2008 New York Times article, “Despite these similarities, a precise cause of death remains elusive in many cases. News reports suggest that at least three of this year’s deaths were linked to heart problems, but it is unclear whether those problems were primed to happen imminently or may not have happened until later without the race as a trigger.

No one knows why deaths are more common during the swim portion of triathlons, but researchers have some intriguing theories. Read the rest of this entry »