TheAthletesLawyer

Brain Injury lawyer Doug Landau of ABRAMS LANDAU, donated a "Wii system"and game software at the "Miracle Mile"

Inhabitants of Montgomery House in Springfield, Virginia will soon be smiling as they heal thanks to local attorney Doug Landau. Following his successful race at Smith Mountain Lake, Landau drove 5 hours from Virginia Tech in order to serve as MC and volunteer at the Brain Injury Association’s annual fundraising event at the Fairfax Campus of George Mason University today.

The law firm of Abrams Landau, Ltd. donated a Wii system to Montgomery House, a fully independent housing program run by Brain Injury Services as part of a partnership with Robert Pierre Johnson Housing Development Corporation (RPJ). The program provides individualized supports through case managers and apartment coaches to enable a survivor of a brain injury to live in the least restrictive environment in their community. This program presently serves men that were either homeless or at risk for homelessness. The Fairfax, Loudoun and Leesburg head injury lawyer Landau presented Brain Injury Services with the gaming system after serving as a volunteer in the organizations annual event, the Kit Callahan’s Miracle Mile, 10K Run/Walk on at GMU in Fairfax, Virginia. Last year, Landau was 5th overall in the 6.2 mile road race, and he hopes that many more runners participate this year.

The Wii was selected because of a recent trend in rehabilitation toward a new treatment technique known as “Wiihab”. Wiihab makes use of the gaming system’s unique, live motion play to offer patients a fun and less painful exercise medium. Abrams Landau, Ltd., along with other traumatic brain injury law firms hope that their donations will ease the recovery of those in need. He has seen how victims of serious accidents are often “left out of the game” after a car crash, sports injury, dog bite attack or bike accident. Doug Landau hopes that this donation will help patients find enjoyment in an otherwise painful and difficult process.

An advocate for victims of car crashes, defective products, dog attacks, and other negligence cases, Doug Landau has been involved with Brain Injury Services and other victim advocacy groups for over 25 years. He believes this organization is vital to the community because victims of traumatic brain injury are often misunderstood by the general public and in need of assistance during their recovery process. Lawyer Landau has represented clients with these injuries and knows the Wii, like other advances in rehabilitation, will help because of the neurological stimulation and hand to eye coordination involved.

Doug Landau wins another age group award at the Virginia Triathlon Series "Big Lick" Smith Mountain Olympic distance triathlon

At this year’s Smith Mountain lake “Big Lick” Olympic Distance Triathlon, less than a minute separated the three age group prizewinners in the men’s 45-49 category. The fleet-footed injury lawyer Landau was only passed by one athlete on the run, but his pedestrian swim put him far behind the leaders. Practicing “defensive cycling” in the rain, so as to avoid his own bike crash, the Masters triathlete had a less than spectacular bike leg kept in 3rd place behind clients and friends. Even in the steady drizzle of a cool fall rain, the annual full-length triathlon was once again a huge hit, with close to 800 athletes, volunteers, and spectators taking part on September 26 at the beautiful Smith Mountain Lake State Park. The tenth Annual Big Lick Triathlon was another successful multisport competition in the Virginia Triathlon Series, produced by the experienced team at Set Up Events. The annual event, sponsored by the YMCA of Roanoke Valley, raised almost $20,000 in support for the “Everybody Deserves A Y” campaign, which provides financial assistance for YMCA programs for persons in need.

378 triathletes braved the course, swimming 1500 meters, biking forty kilometers, and running ten kilometers. Among the participants were 36 teams (with individual team members doing one element of the triathlon), including college teams from Virginia Tech, James Madison, Maryland, and Liberty. The event went off without a hitch, thanks to the hundreds of volunteers and spectators who lined the course. Landau cheered every “Hokie” triathlete as he headed to Virginia Tech to visit his son, a Senior Biology and Spanish major. It was a long drive home in the dark and rain, but with another award and Tech’s win over his Law School Alma Mater Miami, there was much to talk about all the way to Oak Hill.

Doug Landau and new friend at Smith Mountain Lake "Big Lick" Triathlon registration

For the 3rd time in his multi-sport career, Triathlon Trial Lawyer Doug Landau will compete in the Big Lick Triathlon at Smith Mountain Lake Park. This pristine man-made lake is one of the loveliest venues in the Virginia Triathlon Series (”VTS“). The last international distance triathlon of the year in the VTS this race always attracts a huge collegiate crowd and is a great time to spend some time in the western part of our state. This event is the official VTS Collegiate Championship, so the field is skewed toward Read the rest of this entry »

The men's law dorm at the University of Richmond

Even with computers and online legal research, sometimes Richmond injury and disability lawyer Doug Landau likes to go to the library and “look it up” ! After oral arguments before the Federal Court of Appeal for the Fourth Circuit, Landau did some legal research at the University of Richmond Law School. The multi-state trial lawyer was very familiar with the Richmond campus, as he had attended several law programs there before taking the bar exam. Prior to attending the University of Miami School of Law in Coral Gables, Florida, Landau attended the Richmond pre-law program. He then took part in the Law Studies Abroad: Summer in Cambridge, as already had a job with an English Solicitors’ firm lined up in London. For over thirty years, the University of Richmond School of Law has conducted a summer program in England for American law students. The purpose of the program abroad is to afford students an opportunity to live and study in surroundings providing maximum exposure to and understanding of the English common law system, which serves as the basis for much of our own law. The summer program was held at Emmanuel College, Cambridge University. Landau was able to commute by train to his job in downtown London, while getting his homework done during the ride ! He was also able to compete in a few running races on the weekends and tour the countryside by bicycle. After graduation, Landau studied for the bar exam at Richmond, with some of the same professors who had taught him over the previous summers ! No wonder he has such an affinity for the Richmond Spiders and the Law School in the West End.

Today the ABRAMS LANDAU, GARVER and CREAGER Law Firms argued an appeal on behalf of a husband and wife who were injured while biking in Fauquier County. They were struck by a motorist who was in the course and scope of his work for a real estate company. The trial court had ruled that despite the doctrine of respondeat superior, the company was not responsible for any of the traumatic brain injuries, broken bones and permanent disability damages caused by their agent, even though he did not carry the requisite car insurance as set forth in his employment agreement. The doctrine of respondeat superior is basically the rule that employers are liable for the actions of their employees while acting in the scope of their employment.

In Virginia, the existence of an employer-employee relationship creates a prima facie rebuttable presumption of the employer’s liability for the employee’s negligence. The Alexandria Federal District Court held that the motorist was “engaged in and about his master’s business” at the time of the crash, but that he was an “independent contractor.” For this reason, the trial judge entered judgment for the bikers against the agent only. On appeal, Landau, Garver and Creager argued that the issue was one that should have been properly determined by a jury instead of by a judge on summary judgment. A written decision from the appellate panel is expected this winter.

Workers Compensation and injury lawyer Doug Landau preparing for court with his laptop

Clients have come and seen me in court, near Herndon, Oak Hill and Fairfax County, and some have seen me “in action” in Richmond, yet there is more to these “road trips” than trying cases for injured and disabled clients and their families in the courts.  For example, in my latest trip to the Virginia Capitol, I intend to:

1. Review the official comp files of injured workers represented by ABRAMS LANDAU, Ltd. at the Virginia Workers Compensation Commission headquarters,
2. familiarize myself with the new computerization initiative by actually using the VWCC’s computers,
3. visit with clients,
4. meet with witnesses, experts, co-counsel
5. drop in to see other lawyers for injured victims with whom I have worked in the past,
6. prepare for tomorrow’s case with my co-counsel,
7. grab a meal with Richmond family,
8. get some exercise at a local gym,
9. catch up on my sleep !

After donating coloring books for children so they could learn about bike safety, Herndon bicycle lawyer Doug Landau found himself on the front page of the Connection Newspaper.  Participating in the second annual Wheel to Work Day, which took place on the Herndon Town Green, Landau answered questions about bike safety, bicycle laws and helped bikers try his Kestral, Powercranks and Pyroplatforms.

Herndon Connection 9.30.09 front pageCyclists passing through on the Washington & Old Dominion Trail got free water bottles, lights, whistles, reflectors, pants holders and other goodies.  he bikers also got a chance to learn about local biking from the Friends of the W&OD Trail, the Fairfax County Department of Transportation, Fairfax Advocates for Better Cycling, Herndon Parks and Recreation, the Reston Bike Club and others.  The Herndon police put on a children’s bike rodeo, and raffle prizes included bike tune-ups and accessories from outdoor company REI.   The ABRAMS LANDAU booth was one of a dozen visited by about 500 people, with many riders taking the time to ask questions about cycling, touring and commuting in the Loudoun Fairfax area.  This was the second year that the event was staged to promote safety on the W&OD Trail.

Fans of the W&OD Trail in Herndon Virginia

Yesterday’s “Wheel to Work Day” was a success. Hundred of cyclists, adults and children stopped by the ABRAMS LANDAU tent to learn about biking safety and laws. Because our practice does not lend itself to “show and tell” and because we weren’t selling anything, we had free coloring books for kids, free books for adults and had a track stand set up so that adventuresome riders could try out my Powercranks. These training cranks move independently Read the rest of this entry »

Doug Landau, the bikers lawyer, and "Officer McGruff" compare notes on cyclists safety along the W&OD Trail in Herndon

The W&OD Trail passes by the Landau Law Shop in Herndon, and a number of bikers use this path to get to work. “We’re definitely seeing higher numbers,” said Gaylynn Abram, a VDOT transportation planner. She said VDOT is working toward educating bicycle commuters, as well as other vehicle drivers, about safety to decrease the chances of accidents between bicyclists and vehicular traffic. According to the Connection Newspaper article, bicycle commuters will be visiting Herndon on Saturday, September 20, to gather information on safe commuting practices and routes.  Landau has used the trail to bike and run to work. Family members have roller bladed and used wheelchairs to ride the trail. To learn more about safe bicycling practices or to obtain a Fairfax County bicycle map with preferred and less preferred routes, visit the Fairfax County Bike pages.

Social Security disability lawyer Doug Landau and his client after another successful hearing

The Social Security Administration is converting to electronic files. Exhibits are sent to disability lawyers like Doug Landau ahead of an Administrative Law Judge Hearing. However, when medical records, exhibits or other evidence is not submitted in in a timely manner, these documents cannot be scanned into the system for review by the judge, SSA staff or the expert witnesses.
This happened in today’s case, where important medical evidence had not been received by the ALJ’s office prior to their making the CD of the exhibits for the file. It was nerve-wracking, but the disabled claimant, counsel and witnesses had to wait while these items were manually entered into the system and reviewed. The good news is that once the computer system had the current information gathered by ABRAMS LANDAU, the case was won and the Judge announced that a “Fully Favorable” decision would be rendered. The Federal judge based his decision on the claimant’s residual physical abilities. Just like athletes are tested to see their physiological abilities, disabled claimants are also screened for their abilities to engage in work like activities. If a disabled claimant ifs found to possess the ability to engage in “substantial gainful activity,” then the judge will rule against the person seeking their Social Security benefits.

In this case, the treating doctor opined that Mr. Landau’s young client could walk only one city block and then would have to rest for 1 hour. She could sit for only 15 minutes at a time and stand for only 10 minutes at a time. In an 8-hour day, she could sit and stand/walk for less than 2 hours. As for walking, a treating physician states that his patient would need to walk multiple times as needed for approximately 2 minutes each time. In the opinion of this “treating source,” the claimant would also require unscheduled breaks on an hourly basis, during which time she would require lying down and resting for an hour before returning to work. This ABRAMS LANDAU client’s doctor also opines that his patient would need to elevate her legs 50% of the time in an 8-hr. day. Lastly, the evidence from the doctor indicated that his patient needs to use a cane or other assistive device to ambulate. Upon this record, the Federal Judge found in favor of the claimant. Because of her young age, she will be subject to review of her medical conditions in about 18 months, which is not unusual for these kinds of cases.