Injured athletes need to raise a “racket” for accurate medical records

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

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)

Broadlands fundraiser for Children’s National Medical Center pediatric hospital

Ronald McDonald, Hamon Race Director Tom Cook and Broadlands injury lawyer Doug Landau before the Van Metre 8km

Ronald McDonald, Tim Hamon Race Director Tom Cook and Broadlands injury lawyer Doug Landau at the Van Metre 8km

Sunshine, a rolling course and a stiff breeze greeted runners at the annual Van Metre 8km road race today.  Broadlands and Ashburn area injury lawyer Doug Landau took ran despite calf pain, as a hard “brick” workout was planned in advance of the Virginia Duathlon later this month.  Seeing lots of friends and clients, Landau managed to average 7:05 per mile pace for the nearly 5 mile course.  For a complete race report and a picture of Lawyer Landau “in action,” go to RunWashington

The Loudoun personal injury trial lawyer then did a short cool down before driving to Herndon for a CompuTrainer cycling class at HPC.  After biking indoors, Landau completed the “brick” by running several more miles on the W&OD Trail horse cinder path in Herndon.  After this grueling athletic effort, the experienced sports injury attorney showered at the Landau law Shop, got the weekend’s mail and then had a large lunch with his son, who was in town from Virginia Tech for another medical school interview.

Leesburg and Hamilton area lawyer Landau has participated in the Van Metre race several times.  The well run race raises funds for Children’s National Medical Center pediatric hospital.  Some of ABRAMS LANDAU’s youngest clients have received excellent trauma care at Childrens National, which  ranks among the best pediatric hospitals Read the rest of this entry »

Give me 3 feet, give me 3 feet mister…

Loudoun, Fairfax and Leesburg bike injury lawyer Doug Landau at the Herndon Bicycle festival

Loudoun, Fairfax and Leesburg bike injury lawyer Doug Landau at the Herndon Bicycle festival2 blocks from the Landau Law Shop on the corner of Station and Center Streets

Having had too many “close calls” with cars, trucks and vans that do not keep a safe following or passing distance, I was hopeful that the major piece of legislation supported by cyclists in this year’s Virginia legislative session was the bill that would require motorists to allow three feet when passing bicyclists.  This proposed legislation was spurred by a desire to bring the Code of Virginia in line with contemporary safe separation practices.  In addition, cycling advocacy groups like the Virginia Bicycling Federation had hoped to make some progress in addressing incidents in recent years where Virginia’s criminal justice system turned its back on bikers.  Recent posts about bicycle riders who have been struck, ridden off the road, injured and knocked unconscious and then ticketed, charged and prosecuted suggest that cyclists in the Commonwealth are at risk on the roads, the courts AND the legislature.  As stated in the Virginia Bike Organization’s web site, “If you think that running over a bicyclist or pedestrian is illegal in Virginia, think again. The above legislation would not have totally fixed this, but the changes would have helped.”

The Senate version of the bill, SB566, passed by a vote of 40-0. The House version, HB1068, made it out of the Transportation Committee, but in the full House it was defeated on a partisan vote.  All the Republican delegates voted against the bill, including Del. Rust from Herndon who had earlier voted for the bill in committee.  The W&OD Trail goes through the heart of Herndon, and the Reston Bike Club Thursday night rides start and end in the center of the Historic Downtown District of Herndon.  There are bikers constantly getting on and off this wonderful Trail.  For the Delegate from the Town of Herndon to not be a proponent of bike safety flies in the face of reason.  Triathlon Trial Lawyer Doug Landau appreciates the Fairfax Advocates for Better Bicycling (”FABB”) MARCH-APRIL 2010 FABB News

See the Virginia Bicycle Federation analysis of the issues involved and some of the reasons for the bill’s failure this year.

You cannot have FOUR hands steering the handlebars – or two lawyers on the same case

Recently, Ashburn and Herndon area injury lawyer Doug Landau has been contacted by injured bikers who already have a lawyer.  Some are dissatisfied with their current lawyer’s work. Others cannot reach their current attorney.  And still other cyclists are confused and do not understand the legal process or their present legal counsel’s instructions.

Herndon bike crash injury lawyer Doug Landau steers his bike with just 2 hands !

Herndon and Ashburn bike crash injury lawyer Doug Landau of ABRAMS LANDAU, Ltd. steers his bike with just 2 hands !

When A-V Rated attorney Doug Landau is contacted by a disabled biker or athlete or bike – car crash victim who is already represented by counsel, he and the ABRAMS LANDAU staff advise the caller to try to work things out with their present lawyer.  That lawyer presumably knows the case; has invested in the claim; and, will likely have a “lien” (an “IOU”) for attorney fees even if the case is taken over by another attorney or law firm.  Plus, switching counsel “mid-stream” sends a negative message to the insurance company.  It suggests that the client is impatient, may switch again, and that there will be dissonance on the plaintiff’s side of the case.  So, while the injury trial team at ABRAMS LANDAU wants to help everyone who calls, writes and e-mails, when there is already counsel retained, we decline representation unless the potential client has:

  1. Genuinely tried to work things out with their original lawyer;
  2. Settled up with their counsel, who may be owed money for costs and fees;
  3. Put in writing that the lawyer is discharged; and
  4. Have a copy of their file so that the next lawyer does not have to “reinvent the wheel” and duplicate expenses.

Cases the ABRAMS LANDAU injury trial team is currently working on that were started by other law firms include claims where the original lawyer has: retired, fallen ill, been disbarred, realized that they are not admitted to practice in the jurisdiction where the trial will be held and does not have the staff, resources or money to properly invest in the case.

Hammer down cross fit with Todd Katz – it’s hard core !

Coach Todd Katz of Hammer Down Cross Fit training in Chantilly Virginia putting people through their paces !

Coach Todd Katz of Hammer Down Cross Fit training in Chantilly Virginia putting people through their paces !

Recently my bride and I were invited to try out our friend Todd Katz’s “Hammer down cross fit” training program at his home.  As an athlete who likes interval training sessions and respects the incredible results of English mile champion Sebastian Coe, who mixed calisthenics with explosive movements and continuous movement, I was keen to see what Hammer Down Cross Fit was all about.  Todd had told me that Cross Fit can help with sports injury prevention, posture and core strength – all good things for this triathlon trial lawyer.

En route to a race in Southern Florida, we came across this Cross Fit studio !

En route to a race in Southern Florida, we came across this Cross Fit studio !

Several friends have been training through the winter with Katz, who is an exceptional runner and competes in long distance road races.  First of all, it was cold.  Hard core cold.  Don’t take off your mittens cold, as we lifted dumbbells, did push ups, sit ups and other exercises outdoors on a frigid morning.  There was some running also involved, and the “regulars” seemed to feed off the energy and each other.  Todd recorded repetitions, tines and PRs and most looked like they were having fun.  My wife’s favorite part was the hot coffee afterwards.  I liked snack time.  Todd now has a permanent INDOOR location in Chantilly, and many videos showing you the exercise routines.  So, if you want something different, give Cross Fit a try !  Call Todd and visit his Chantilly fitness studio and see if what Cross Fit training has for you,

Snowsport Helmets not just for dorks; hot helmets becoming the norm

WInter sports injury lawyer Doug Landau notes increasing use of helmets by skiers, snowboarders and other winter sports enthusiasts

Winter sports and traumatic brain injury lawyer Doug Landau notes increasing use of helmets by skiers, snowboarders and other cold weather sports enthusiasts

It used to be rare to see helmets on the slopes; snowboarders, skiers thought they were “uncool, dorky,” and for wimps.  But serious injury and stylish helmet design have caused those wearing head protection to be in the majority.  Winter sports injury lawyer Doug Landau noticed all colors of helmets during recent trips to New England ski, snowboard and tubing hills.  Commending the increase in winter sports head protection, Landau hopes that the increasing use of helmets will lead to a concomitant decrease in traumatic brain injury and head trauma in injured winter athletes.

According to NBC Sports, Helmets, one of the fastest growth areas in the snowsports industry, have moved over the hump and are no longer considered too niche or dorky for the masses. Safety is the driving reason to wear them, of course, but improved styling and comfort may be what make them a no-brainer.  “In the last couple of years, you see a big movement toward helmets — it just makes sense,” says Ted Ligety, the U.S. Olympic skier who has been sporting a bright orange helmet in Vancouver. “I started wearing a helmet when I was 4 years old. I feel super naked if I’m not wearing a helmet. My parents did a good job engraining it in my head.”  Wearing helmets for recreational skiing and snowboarding often starts with the kids, and then parents.
To read the rest of the news report.

Doug Landau’s toboggan crash

Tomorrow’s post about a winter athlete who sustained a career ending brain injury (”TBI”) struck a note with me, as I and my family members have had several serious winter sports injuries.  While this TriathlonTrialLawyer has never ridden in a bobsled or luge, I spent many winter days, when I wasn’t making money shoveling driveways, sledding, bobsledding, skiing and discing in the snows of Jersey and New England.

Injury lawyer Doug Landau's broken bones healed after his sledding crash

Injury lawyer Doug Landau's broken bones healed after his sledding crash

One incident stands out.  My best friend and I had fashioned a “bobsled run” along our neighbor’s horse fence.  We had used the natural snow built up along the fence as a “wall” and built up snow on the other side to create our own “Olympic Bobsled Course.”  We were always concocting “Olympic Games” of our own, with unique events and creative scoring !  We did the run several times, and found that the higher up on the hill we started, the faster our top speed at the end.  So we started our last run above the “tube” that we had made and the sled had created.  Our sled took off, with me in front, my feet between he chains, and instead of following the tracks, we veered outside the course and smashed into our neighbor’s horse fence.  My friend’s body weight slammed into me, and our combined mass broke the bones in my lower leg.  Only I did not know it at the time !  The fence was electric, and I received a jolt of enough electricity to stop a horse.  When my buddy ran for help, I rolled off the sled and buried my leg in the snow, so it was doubly “numbed.”  I even got back on the sled and rode down to get a lift home !  That week, we thought it was a bone bruise, and I was pushed around the house i a chair that slid over the smooth carpet.  When I finally tried to stand, the leg would not support my weight and I fell.  We then went to see an orthopedic surgeon, and I was eventually casted, given crutches and healed over that winter.

So what became of the 2 “geniuses” who got into this crash ? One became a lawyer for people injured and disabled as the result of broken bones, crashes and sports injuries and the other a superb doctor, scientific researcher and the Chief of Rounds at Brown University Hospital.

VO2 max testing gives objective data and helps TriathlonTrialLawyer Doug Landau trainer “smarter”

Triathlon Trial Lawyer Doug Landau getting his VO2 Max tested in Herndon, Virginia

Triathlon Trial Lawyer Doug Landau getting his VO2 Max tested in Herndon, Virginia

VO2 Max testing is something triathlete Doug Landau has been familiar with since the early 1980s.  During graduate studies in Sports Medicine, Landau volunteered to be a test subject at Boston University, and had his VO2 Max tested.  Since then, he has had the testing done on treadmills, bicycles and stepping machines.   VO2 max, or maximal oxygen uptake, is one factor that can determine an athlete’s capacity to perform sustained exercise and is linked to aerobic endurance. “VO2 max” refers to the maximum amount of oxygen that an athlete can use during intense or maximal exercise.  It is measured as “milliliters of oxygen used in one minute per kilogram of body weight.”  So, Landau points out, you want to be lean, efficient and able to remain “aerobic” at very high work loads, speeds or paces.”  For an excellent discussion of this testing and the information it reveals, check out the National Geographic piece entitled, “What It Takes to Build the Unbeatable Body.”

This measurement is generally considered the one of the best indicators of an athlete’s cardiovascular fitness and aerobic endurance. Theoretically, the more oxygen you can use during high level exercise, the more ATP (energy) you can produce. This is often the case with elite endurance athletes who typically have very high VO2 max values.  There are special workouts Landau does in order to increase his oxygen intake capacity and efficiency.  Periodic testing enables athletes to gauge their fitness and refine their training regimens.  You can get a VO2 Max Test a block from the ABRAMS LANDAU building in Herndon at HPC.

Field Marshalls help reign in out of control parents

Volunteer field marshall Mike Mogollon and Doug Landau at a Florida youth soccer tournament

Volunteer field marshall Mike Mogollon and Doug Landau at a Broward County Florida youth soccer tournament

Having served as a field marshall in soccer tournaments, sports injury lawyer Doug Landau knows how important a function this is to keep order on and off the field.  With players and parents showing less respect for referees. coaches and the Codes of Good Sportsmanship, field marshals can ensure safe playing conditions and quell disputes off the field so that the games can go on.  In the Virginia, Maryland and DC metro area soccer leagues, there are often teenage soccer referees and linemen/women.  When an irate adult parent, coach or trainer “gets in their face,” as has happened to my own son, things can get ugly if there is not an adult in charge of the field and tournament safety.   When field marshals are alert for unsafe conditions and actions by spectators, coaching staff or players, they can help provide an insulating barrier to violence and injury on and off the field.  The next time you are at a youth soccer tournament, thank the field marshals as well as the scoring volunteers, refs, linesmen and women.

Sport & Health Club spin group cycling instructors get copies of Landau’s Bike Accident Book

Bike crash lawyer Doug Landau gives Spin group cyling instructor Lisa Adams a copy of his latest book

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.

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.

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