TheAthletesLawyer

Dear Readers: This wonderful (and true !) piece was originally Posted on: Friday, June 10, 2005, 09:00 CDT www.redorbit.com/news/health/155160/
tennis_phenom_jj_larson_does_things_just_like_everyone_else/

J.J. Larson doesn’t understand all the attention, feels uncomfortable when people see her as inspiration. Ask her to describe herself, and she’ll say she’s your average college freshman finance major from Orchard Park who is taking summer classes and trying to find her way through life.

What’s the big deal?

“I’m just normal,” she said, “just like everyone else.”

OK, she’s normal.

She’s your ordinary 19-year-old who was born without her left hand, who once was the nation’s top-ranked tennis player in her age group, one who nearly burned out and came to despise the sport, who befriended tennis legend Stan Smith. She earned a full scholarship to Virginia Tech and was whipping elite doubles teams in her first season until her partner blew out her knee and Larson was run over by a pickup truck. Read the rest of this entry »

“Road Trip” to Tech nets exciting tennis !

Tennis Ace JJ Larson of the Virginia Tech womens’ Tennis Team played in one the greatest matches the Landau family has ever seen. The “Hokies” had a difficult “double header” weekend, playing against Nationally ranked FSU (#21) on Saturday, and then Triathlon Trial Lawyer Doug Landau’s (J.D., ‘85) alma mater Miami (#15) on Sunday. Normally the Herndon/Reston area injury lawyer would have rooted for the University of Miami, where he graduated with honors from the Law School in Coral Gables, Florida. However, Ms. Larson was a client and is now a friend of the whole Landau family. Read the rest of this entry »

Clients coming to ABRAMS LANDAU, Ltd. have noticed the signs for the “Historic Downtown District.”  Some have even gone to the train depot to visit the museum and see evidence of the LandauLawShop’s existence for over 120 years !  Others have walked around the little town center and taken pictures at the caboose, old Town Hall and the general store after visiting with injury lawyer Doug Landau and the ABRAMS LANDAU trial team.  Some clients and their families have gone to Thursday or Friday evening concerts, the summer morning farmers market and other regularly scheduled and special events on the Town Green or in the square behind the old train stop.  The “Friday Night Live” concerts are especially popular, as food and drink are available for purchase.  Furthermore, Doug Landau notes that the back of the new Municipal Center serve as a sound stage, where people can dance right in front of the band on the grass !   You can bring beach chairs, blankets and a picnic that the whole family can enjoy.  If you are able to do so, look around next time you are in town.  You will see that there is a lot more to Herndon than you might think.

CAN YOU FIND ANY DIFFERENCES BETWEEN THESE 2 PICTURES ?

 

 

 

 

 

 

A Triathlon Trio about to ride the W&OD Trail West, and then run a “brick”, from the Herndon Caboose, Feb. 3, 2008.

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),

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:
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

When Reston bicycle riders were struck by an impatient young driver, they turned to an experienced trial lawyer, injury advocate and triathlete. The injured Reston cyclists contacted Abrams Landau for help. The Virginia cyclists knew Doug Landau, the “Triathlon Trial Lawyer,” from the Reston Century rides (where Doug Landau is shown, at right, with Washingon Redskins Senior Vice President and super cyclist Dennis Green and gear-grinding Melissa Landau, mid-way through the 2007 event),

the Reston Triathlon and other sports events. Triathlete trial lawyer Landau was honored to represent the injured cyclist in Court. 

In order to put to rest the Defendant’s claims, The Athletes Lawyer Doug Landau visited and canvassed the accident scene. The Triathlon injury lawyer arranged at great expense, to have a court reporter and videographer accompany him to question the Defendant under oath for use at trial. Taking the deposition of the young cyclist AT THE SCENE of her crime, Landau discerned that she was in a hurry to get back from her overnight stay at her boyfriend’s house before her own family awoke !

Likewise, when the Defendant driver testified, under oath, that she had not made contact with any of the bikers, Triathlon Lawyer Landau produced her side mirror ! Furthermore, in a strategy only a few seasoned trial lawyers will spend the time, money and effort to utilize, the Triathlon Trial Lawyer held the investigating police officer’s deposition AT THE SIDE OF THE ROAD where the impact took place. The police officer showed Doug Landau, on videotape, the location of the bodies, bicycles and debris field ! Faced with the evidence compiled by the Abrams Landau trial team, the case settled shortly before trial. Herndon Lawyer Doug Landau is pleased to report that the cyclists have returned to riding together. The Atheletes Lawyer is also proud to note that his client has since completed several International Triathlons and Centuries. 

On a warm August morning, a young motorist struck not one, but two cyclists traveling in a group of three in Loudoun County, Virginia.  The three experienced Reston Bicycle riders were heading West on that part of Route 50 where it narrows to only one lane in each direction.  The peloton had hoped to go to Paris, Virginia, take in the amazing view and then head back on the W&OD Trail in Purcellville.  The peloton never made it to Paris.

 The third, trailing cyclist was “clipped.”  He had a laceration on his hand and the defendant driver’s side mirror.  The second biker of the trio was not so lucky.  He was 3-5 bike lengths ahead, heard angry honking behind and was riding to the far right, so that the cars could pass.  An SUV passed him safely as he pedalled 12 MPH uphill.  The Reston biker was sideswiped and knocked unconscious.  When he came to, his ankle was broken.   Both bloodied, injured riders were taken by ambulance to the local hospital in Leesburrg.  Herndon lawyer Doug Landau’s client was operated on succesfully by a member of the skilled Town Center Orthopedic Group.

Where was the defendant driver going in such a hurry that early Sunday morning ?  How would  Herndon Lawyer Doug Landau  defeat the  driver’s claim that she did not make contact with the bicyclist, but instead he fell off his bike on the soft shoulder of the road !   The riders never saw what hit them.  What actions would the Triathlon Trial Lawyer take to defeat the defendant driver ‘s uncontradicted statements ?  See tomorrow’s post for the answers… 

What happens after a lawsuit is filed and after discovery is completed ? In many jurisdictions, the Courts want the injured cyclist and the Defendant drivers to settle their personal injury cases before trial. In an effort to promote fair, timely resolution of brain injury and head trauma bike crash cases, the Courts will refer injured cyclists’ cases to “Alternate Dispute Resolution.” This can take the form of: Arbitration, Mediation or Early Neutral Evaluation.

The injured Virginia bicycle tourist’s bike crash case was referred to Mediation in North Carolina. The trial team at Abrams Landau, Ltd. treats mediation of bike crash, head concussion injury and brain trauma cases like trial, preparing exhibits, evidence and testimony in order to get the best result for their injured cyclist clients. The “Special Damages” in the case were:

Wage loss:: $32,385.09

Medical bills: $25,601.11

Doug Landau flew to North Carolina with his client and presented the case at Mediation. The Athletes Lawyer explained that his client had to work 7 years in order to earn the Sabbatical. The injured cyclist’s lawyer Dog Landau further told the Court that this bicycle tour was the culmination of a life dream for the bicycle riding professor.

The Triathlon Trial Lawyer pointed out that to his client (and many others) the time spent AWAY from work may be more precious that the time spent at work. While this Abrams Landau client had made excellent progress from his closed head injury, brain trauma and herniated cervical disc, he still had residual pain, for which compensation was also sought. The Court agreed with the plaintiff’s lawyers arguments, and Landau got $150,000 for the disabled cyclist. This result was all the more remarkable as the Defendant truck driver only had $25,000 in car insurance coverage. The Athletes Lawyer noted that the Abrams Landau trial team’s preparation and hard work enabled the injured cyclist to get full compensation for his injuries AND wage loss.

Triathlon Trial Lawyer Doug Landau successfully mediated this college professor’s bike crash case in North Carolina.  In prior posts, the facts of this bicycle accident and the cyclist’s injuries were described.  Bicycle crash victims and other plaintiffs in negligence cases find that mediation can result in a fair result without the time and money expenditures caused by trial.

Herndon, Virginia Trial lawyer Doug Landau knew he had a strong case of liability (negligence) against the truck driver who hit his bicyclist client. The cyclist’s injuries were serious, and a lawsuit for the negligence of the driver was filed by Abrams Landau, Ltd., with local counsel, in Robeson County, North Carolina.

When the Insurance Company refused to pay for all of the injured athlete’s damages, Doug Landau filed the case in the local State Court. The Triathlon Trial Lawyer presented all of the evidence of the injured cyclist’s losses, in an effort to reach a fair compromise settlement. However, the Insurance Company refused to consider the injured cyclist’s loss of earnings. Because the bicycle tourist was “on sabbatical,” the Insurance Company for the negligent driver maintained that there was no “wage loss.” Defense Counsel for the trucker who hit the Triathlon Trial Lawyer’s client argued that since the Professor was not “at work,” there could be no wage loss for the disabled cyclist.

The Athlete’s Lawyer assembled the proof, exhibits and testimony necessary to defeat these defenses on behalf of the disabled biker. The professors who worked with the injured bike rider were prepared to testify that Mr. Landau’s client was previously: motivated, very active (he actually participated in the sports he was teaching) and physically fit (he would ride his bike to and from work, a round trip of over 50 miles !).

Since the accident, he has: gained weight, become depressed, and curtailed his activities. The injured bicycle rider also worked the night desk at a Loudoun County athletic club near his home, prior to the accident. After the crash, the injured Phys.Ed teacher was unable to return to that position, or join in the sports and social events that he was accustomed to participating in prior to the crash. This disabled biker had continuing symptomology as the result of this accident. Triathlon Trial Lawyer Doug Landau learned from the treating doctor that his injured client will need for future medical care as the result of his closed head injury. Cyclist brain injury cases present difficult issues, even when the bike rider is wearing an appropriate helmet and riding with reasonable care.

III. Damages

The cyclist sustained multiple injuries. The bike-riding professor also had a loss of consciousness when struck by the defendant who was traveling 45 m.p.h. or more. This crash caused the following problems for the injured bicycle rider:
a. Post-concussive syndrome and closed head injury;
b. Posterior neck pain and a central herniated cervical disc at C6-7;
c. Permanent partial disability rating to the dominant upper extremity;
d. Multiple abrasions, contusions and permanent scarring;
e. Arthritic changes and weight gain;
f. Depression;

This Abrams Landau client was a physical education teacher at a local Community College. The Triathlon Trial Lawyer knew the client from his second job at a Loudoun County Health Club. The injured cyclist had been with the school since 1974 ! At the time of the bicycle crash, he was earning an annual salary of $45,000.

The Community College’s documentation indicates their professor lost $4,457.33/month for the 7 month period the cross country cyclist was disabled. After his orthopedic treatment ended, the injured athlete and bicycle tourist had episodes of memory loss and loss of balance. However, the Insurance Company for the guilty driver would not accept full responsibility for the all of the injured bicyclist’s injuries.

Find out in tomorrow’s post how The Injured Athletes lawyer and the trial team at Abrams Landau, Ltd. got their disabled cyclist client full compensation…