TheAthletesLawyer

Tennis player lawyer Doug Landau hits the courts and has "raised a racket" to advocate for his injured clients

Having represented injured athletes throughout the Virginia, Maryland and Metropolitan DC region, sports injury lawyer Doug Landau has seen stoic sportsmen and sportswomen under-report their injuries and limitations to their treating doctors.  Unfortunately, “putting on a brave face” to the health care providers may lead to an inaccurate medical history and a discounting of the negligence, product or premises liability case by the Defendants’ insurance companies.  In bike crash, dog bite, swimming pool and jogger injury cases, the insurance adjusters and nurses carefully scrutinize the initial Emergency Room medical records and histories in order to deny, delay and discount otherwise strong liability personal injury claims.

While my grandfather Landau taught me to have a “stiff upper lip,” doing so in the context of medical care can lead to medical records that are not helpful to the physicians or the injured athlete’s legal counsel.  So, sports injury lawyer Landau suggests that athletes “raise a racket”and fully and completely advise ALL health providers of their pain, limitations and difficulties.  If you, or an athlete you know, has been injured in a bike and car crash accident, attacked by dogs or disabled due to defective sports products, please e-mail or call us at ABRAMS LANDAU (703-796-9555)

Bike crash lawyer Doug Landau gives Sports & Health Clubs Spin group cycling instructor Lisa Adams a copy of his latest book "10 Mistakes that can derail your bike injury case."

After surviving a double spin cycle class with Sports & Health instructor Lisa Adams, injured athletes’ lawyer Doug Landau presented her with a copy of his new book, “10 Mistakes that can derail your bike injury case.” As indoor group cycling classes are safer than outdoor biking, many of those who ride with Ms. Adams indoors also bike outdoors in the good weather. Landau hopes that by sharing his book with bike coaches, spin instructors and cycling teams, injured cyclists will be better informed as to their rights. If you or someone you know has been injured in a bike crash or cycling accident, please e-mail the ABRAMS LANDAU team or call 703-796-9555.

Brain Injury race volunteer Doug Landau of ABRAMS LANDAU, Ltd. at George Mason University, Fairfax, Virginia campus

This Fall Doug Landau served as a race volunteer at several area running at multi-sport events.  Helping out at the Reston Triathlon, the Brain Injury Association 10 km and the Williamsburg 5 km, the Ashburn area injury lawyer enjoyed seeing familiar faces and encouraging athletes to to participate for a good cause.  Having been the race director for the “F.A.B. 5″ race that raised money for the Foundation of the Alexandria Bar Association in Old Town, Landau recognizes the time, effort and sweat that goes into a successful athletic fund raiser. “If you have never been a volunteer, you should just do it,” says Landau, paraphrasing the NIKE slogan.  “Volunteering, seeing things from the race crew perspective, enables you to appreciate what the volunteers do for you,” the Loudoun injury lawyer adds.  “There are lots of opportunities in the Leesburg, Fairfax and Manassas areas; you can find a race almost every weekend of the year, just go to our “RACES” section adds Landau, who competed in over a dozen multisport events and two dozen running races so far in 2009.

Doug Landau & Sandra Rohrstaf, VTLA President, at the Brain Injury "Miracle Mile" 10 km running race

At the Brain Injury Association’s annual “Miracle Mile” road race, I had the pleasure of not only being a volunteer, but seeing friends from the Virginia Trial Lawyers Association, including VTLA President elect Sandra Rohrstaf.  VTLA provides its members with Professional Development in the form of outstanding Continuing Legal Education (CLE), several of which I and my staff attend every year in order to keep up with the latest developments in law, medicine and legislation.

VTLA also publishes “The Journal,” an award-winning quarterly magazine which features practical articles on trends in Virginia trial law. I have written for “The Journal,” which is a peer-reviewed publication that is now also available online.  VTLA also has several ListServers, whereby we are able to network by email with other VTLA members on nearly every subject area. Through E-Clips, I and other VTLA members receive a daily news service that highlights the latest legal news.  Lastly, our Annual Convention presents top-rated CLE programs, opportunities to meet prominent judges, Virginia’s and the nation’s top legal experts and colleagues.  Having served on the VTLA Convention Committee for many years, I am proud to say that our annual meetings are well attended, full of worthwhile programming, educational opportunities and inspirational presentations.  I know that Sandra will continue VTLA’s tradition of excellence and advocacy for the victims and the disabled who would otherwise have no voice.

The Kit Callahan "Miracle Mile" for brain injury survivors is an inspiring (and perspiring) event !

Often inspired by clients, I was particularly struck by the endurance of a woman who I had only recently met.  She had come to ABRAMS LANDAU at the recommendation of the Brain Injury Association and another Loudoun County trial lawyer.  This woman was in a massive truck crash while on the job for FEMA.  She had been dispatched to assist with the Federal Governments flood response in Iowa.  She sustained multiple injuries, including traumatic brain injury.  She was an innocent passenger in a van driven by a co-worker.  While she did receive some workers compensation benefits, the Federal Comp system provides limited assistance, and we looked into a third party liability case on her behalf.  This young woman was remarkable for the fact that she has sustained permanently disabling leg and spine injuries prior to this crash, which she had significantly overcome in order to gain her present position.  Bright, attractive, articulate and hard-working, the van crash was devastating to her.  Nevertheless, she has returned to work and does the best she can.

The Landau law Shop, working with Iowa counsel, looked into the viability of a personal injury lawsuit in order to get this deserving woman compensation and restitution for all that was taken away from her by this crash.  Unfortunately, just as the case in the Commonwealth of Virginia, her case was barred under Iowa law that prohibits lawsuits against co-workers or an employer if there is workers compensation insurance.  The so-called “umbrella” of workers compensation coverage protects employers and co-workers from lawsuits for negligence.  I had the unhappy task of informing her that our law firms could no go forward on her behalf.  I then saw her at the “Miracle Mile” where she not only walked, with her cane, the entire 10 km. course, but she then rode her bike to a nearby gym, where she worked out and put my efforts at the Olympic Distance Triathlon the day before in stark perspective.  She is the true champion, and my accomplishment pale in comparison.  I tip my hat to you CD.  Well done.

Masters and Age Grop prize winners put their "best foot forward" at the Lake Anna Marina, Bumpass Virginia sprint triathlon

Competing in his last race of this year’s Virginia Triathlon Series, Spotsylvania and Fredericksburg injury and disability lawyer Doug Landau managed to get first place in his age group.  Managing 12:21 for the 750 meters  in the shallow crystal clear heated lake Landau found himself in 11th place in his age group.  The swim begins with an in water start with the course going around the transition area and the finish line. Spectators could walk around the race site and never be more than 150 yards from away. This section of Lake Anna is unique in that the water coming into this section is used to cool the power plant and is a good 6-10 degrees warmer than the rest of the lake. The water was 72F in 2006 and 77F in 2007 and 74F in 2008 which is pretty nice for October!  The super fast rolling bike and run courses are located just 45 minutes SW of Fredericksburg and 45 minutes NW of Richmond at Lake Anna Beach Marina.   As this was the final race of the 2009 Virginia Triathlon Series, there were athletes from the Tidewater area, Western Loudoun County, as well as Maryland, Pennsylvania, California, North Carolina, Texas, West Virginia, Nevada and Washington, D.C.!

In most of his races this season, Landau is not passed once on “dry land.”  Making use of a quick transition, good enough for 3rd, the Triathlon Trial Lawyer biked 33:34 over the rural roads of Louisa County, good enough for second place. Another fast transition in under a minute put the disability, accident and sports injury lawyer within striking distance.  In the heat Landau was able to manage a 21 minute 5k for 1st in the grouping, with a total time of 1:09:06 for this hotly contested sprint event.  Unfortuantely, Landau did not compete in 5 Virginia Triathlon Series events, the new requirement for overall series awards.  Had he done another race at the level of his other 4, he would have finished in 3rd place, behind a client who finished in first place !  At this time, Landau does not again plan on competing in the series in 2010.  After all, he will be competing as a “Grand Master,” and thus hopes to focus on the USAT Duathlon, Olympic Distance and Sprint Triathlon Age Group National Championships as a 50-year-old.

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 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 »

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.

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 »