TheAthletesLawyer

A good insurance company should look at the same factors that a judge or jury would look at  in Court.  These would include the following items:

1. Medical expenses (Ambulance, Hospital, physical therapy, medical bills, mileage, medications, miscellaneous), past and anticipated in the future
2. Loss of Earnings (past and future)
3. Damage to the bicycle and other personal property
4. Permanent impairment of the injured arm, leg, etc.
5. Scarring (i.e., scar revision will cost $_______ and cause you to miss ____ days/weeks from work (get an estimate from a board certified plastic surgeon)),
6. Your life expectancy.  In other words, how long will you have to see the orthopedic doctor, take anti-inflammatories, pain medications and have related expenses ?
7. Any increased risk of arthritic changes, bone and joint disease and re-injury
8. Aggravation and inconvenience are also to be compensated in addition to pain, lost wages, lost earning capacity and mental suffering.
9. Did the injured cyclist attempt to mitigate her damages ?
10. Was the injured biker at all at fault in causing the accident ?

For a more in depth approach to this question, please download or order our book “TEN MISTAKES THAT CAN DERAIL YOUR BIKE INJURY CASE.“

Poisonous snakes are a danger to cyclists. Bicycle riders, joggers, roller bladers and skaters need to be aware of dangerous animals in their path

While riding in the Reston Century last Sunday, I almost ran over a snake.  Not just any snake, but a poisonous copperhead that was sunning itself in the middle of the path !  Luckily, I avoided contact with the venomous reptile, but this is not the first time I have seen a large snake on the W&OD Trail in Loudoun County.  Another snake incident nearly caused me to swerve and crash.  And, a black snake my wife ran over nearly bit me as I followed her near the Luck quarry ! While these snakes can be quite beautiful, it is best to give them a wide berth and not incite an attack that could prove fatal.

The Reston Runners website also reports “An unusually high number of copperhead snakes have recently been reported in Fairfax County. Copperheads are venomous snakes that are found here and throughout Virginia.”  In tomorrow’s post, I will share some excellent tips from an Australian cycling site.  The Aussies have to contend with a number of the most dangerous poisonous snakes on the planet, so their bikers and runners have a lot of good safety information to share with athletes here in America.

Remember “Sticks and Stones” ?  Sometimes injuries to children caused by other children can be resolved through settlement according to child head injury lawyer Doug Landau of Herndon’s ABRAMS LANDAU, Ltd.  Recently the Landau Law Shop received word that a 7 year old boy who was injured after a friend threw a rock and hit him in the eye was able to settle his case with the rock thrower’s insurance company.   The Virginia personal injury case settled with defendant’s homeowner’s insurance company for  the limits of their policy.

The plaintiff lived in Henrico County, near Richmond, Virginia.  One afternoon, the plaintiff was playing with friends close to his home when he was hit in the eye by a rock thrown by the 13 year old defendant.  The injured plaintiff alleged he sustained a fracture of his left orbit and a concussion as a result Read the rest of this entry »

While injuries are often part of game, occupational disease and infection cases are rare in professional sports.  Athletes lawyer Doug Landau has seen excellent professional, collegiate and high school athletic facilities as well as others that were less than hygienic. According to the Cleveland Plain Dealer newspaper, the Cleveland Browns have reached an undisclosed settlement with former wide receiver Joe Jurevicius in a lawsuit he filed against them after he contracted a staph infection in his right knee during practice. According to the Cleveland Plain Dealer, the pro footballer claimed in his suit that the Browns did not sterilize their Berea facility properly, resulting in his infection. The infection caused Jurevicius to miss the 2008 and 2009 season and lead to his retirement. Jurevicius was one of six Browns players who contracted a staph infection between 2003 and 2009.

If you or an athlete you know has contracted a disease, infection or become disabled due to negligence off the field, e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) at once, as it is very important to get prompt correct medical care and to secure the evidence of the harmful practices that lead to the harms to the amateur, college, high school or professional athlete.

Athletes lawyer Doug Landau is a member of the DC Road Runners Club and the Trial Lawyers of DC.  But, Landau does not employ “runners” and deplores those lawyers who do.

Today's post was written by ABRAMS LANDAU summer intern Kristen Bilowus of the Madeira School

“Runners” in this context are unscrupulous people employed by unethical lawyers to “chase” cases and be “runners” for law firms that do not get clients the “old fashioned way” – by earning them through hard work, good results and honorable conduct.  “Runners” are “ambulance chasers” in the true sense of the word. They are paid by certain doctors and lawyers offices to listen to police radios and find accidents right after they occur, in an attempt to reach vulnerable and confused victims.  And when that doesn’t work, they will even follow the ambulances to the hospital and solicit victims at their hospital bedside!   Remember Danny DeVito in the movie “The Rainmaker” ?   The runners receive payment or a commission from doctors and lawyers for every victim they steer toward their offices.

This practice had been outlawed in Virginia four years ago with the White Collar Insurance Fraud Amendment Act of 2006, but almost nothing has been done to enforce the amendment since then. For this reason the DC Council is scheduling a hearing on the Metropolitan Police Department’s enforcement (or lack thereof) of the law that restricts runners and limits the availability of police reports for them to abuse. If it were fully enforced, the consequences for those convicted could be up to a $50,000 fine and 15 years in prison. We at the Landau Law Shop adamantly oppose this deplorable practice and plan to do everything in our power to see consequences come to those involved. If anyone out there has a client who has recently complained about being solicited within days of a DC auto accident, would you please give me a call, as we may want to have a few of our clients testify about the ongoing problem of unwanted solicitation. You can contact me at (703) 796- 9555 or visit my Landau Injury Law website.

A news report on NPR struck me and resonated as 6 teens drown in Louisiana, because they and the adults they were with could not swim.  The half-dozen teens were wading in the shallows of a Louisiana river.  Because none of the teenagers could swim, they drowned in front of their horrified families after falling into deep water. None of the nearby adults could swim.

A seventh teen, a 14-year-old boy, was rescued. News reports of the deaths in the Red River, in a popular recreational area where sand bars give way to 20-foot depths.  “They had one lifejacket here. As you can imagine, everybody started yelling for help,” said Caddo Parish sheriff’s spokeswoman Cindy Chadwick.  Shreveport Assistant Fire Chief Fred Sanders said he believed the victims, ages 13 to 18, included three brothers from one family and a sister and two brothers from another.  The teens had started playing in a familiar area but ended up at a spot in the river where the bottom fell suddenly and that’s where divers found the bodies, Sanders said.

“They were out here with some adults. But unfortunately, neither the children nor the adults could swim,” he said.  According to the news account, “Swimming skills can be scarce among African-Americans like the teens in this tragedy. A study commissioned by the sports governing body USA Swimming found 69 percent of black children had low or no swimming ability. Segregation kept blacks out of public and private pools for decades and the disparity continues because many poor and working class children have limited access to pools or instruction.”

The Times of Shreveport reported a large group of family and friends, including roughly 20 children, were out at the sandbar to barbecue and have a good time. They frequent the area and were familiar with the water.  “None of us could swim,” a friend told the newspaper. “They were yelling ‘help me, help me. Somebody please help me.’ It was nothing I could do but watch them drown one by one.”  The families were in a recreational area of the Red River that has sand bars, Sanders said. The park is a popular picnic and fishing area and some people do go wading.

This tragic NPR story underscores the importance of learning to swim, at any age, and indoctrinating children in water safety practices.  Water safety lawyer Doug Landau believes being able to swim should be a high school graduation requirement, as is the case with some colleges.  Basic first aid, survival skills and other actions necessary for emergency situations and helping others.  In one officials the only countries without compulsory military or governmental service, these minimal requirements would go a long way toward preventing unnecessary death and harms during times of flooding, storms, earthquake and attack.

When your friend with the bad driving record asks to borrow your car, a recent judge’s ruling should make you think twice before turning over the keys.  Virginia courts have long allowed lawsuits to be brought against the owner of a vehicle, even when that person was not behind the wheel when the accident occurred.  Traditionally, these “negligent entrustment” lawsuits were only allowed when the vehicle’s owner allowed a person he knew to be physically or mentally impaired to drive.  However, a Rockingham County judge has recently allowed one such negligent entrustment suit to be brought where the only “impairment” of the driver was his propensity for dangerous highway antics.

In this case the owner of the vehicle sat idly by in the passenger seat, while the driver continuously swerved off the road, tailgated other drivers, and drove the car into the oncoming lane.  By allowing the driver to continue these “road games” in his vehicle, the owner opened himself up to a large wrongful death suit when the driver eventually crossed the center line, killing an oncoming driver.

So, if you have a friend who you know to be a reckless driver, take a minute to think about your potential liability before allowing him to get behind the wheel of your car.  If his reckless driving ends up causing someone else’s injuries, it could be you sitting in the defendant’s chair, with your assets on the line.

If you have been harmed by the negligence or fault of a company whose employee or agent caused you injury, e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) at once, as negligent entrustment claims require extra preparation and proof.

While sports injury lawyer Doug Landau is frequently contacted to help an injured runner or biker, even in cases where the driver or other party is at fault, if there is no coverage or ability to pay for the harms caused, then it may not be a wise move to  go forward with a claim.  In other words, even if the ABRAMS LANDAU trial team wins the case, if no recovery can be made for the injured athlete, then it may not be a smart move to litigate the matter.  Recently, the question came up, if a runner is run over by biker, is there insurance coverage to pay for the injuries and losses sustained ?

While the automobile insurance probably would not pay, since the accident did not involve “a motor vehicle,” the defendant driver’s homeowner’s insurance policy may be a source of funds to pay for the damages.  And in a case where a bike crashes into another bike, the homeowners insurance may also be able to pay for the harms caused by the careless or negligent rider.  Absolutely.  Even renter’s liability insurance may be collectible in a case brought against a careless bike rider who causes serious personal injury to a runner, biker or other person on the road, bike path or sidewalk.

If you or someone you know has been injured in a bicycle, running or pedestrian accident or an insurance company is denying their injury claim, please e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) at once, as it is very important to investigate these cases as soon as possible after the crash.

ABRAMS LANDAU Trial lawyer Doug Landau has helped clients injured by potholes and other roadway defects.  One case in the District of Columbia involved a pothole that swallowed the ABRAMS LANDAU client’s front wheel while driving under L’Enfant Plaza in Washington, D.C.  Another client of cyclist lawyer Doug Landau was injured when his bicycle tire went into a hole on the Virginia bike path that was filled with water so it was impossible to see the dangerous condition.  Recently brought to the Herndon Reston injury lawyer’s attention was a lawsuit over a pot hole accident that settled in Missouri.

According to the Kansas Star, Jackson County Missouri, has agreed to a $270,000 settlement in a lawsuit filed by a cyclist who crashed his bike in a pot hole last summer. The plaintiff in this personal injury lawsuit was riding his motorcycle in east Jackson County when he pot hole ankle-deep and as wide as his arms, his lawsuit claims, suffering serious injuries. The suit alleges the county was previous aware of the dangerous pot hole but had done nothing to fix it.  Where there is a dangerous condition and sufficient “notice” such that the landowner knew or should have known about it and fixed, warned or taken other action to prevent foreseeable injuries, the law may affix liability and hold such a defendant liable for all of the Plaintiff’s reasonable and related losses.

If you have been harmed by the negligence or fault of a landowner, occupier, maintenance company or management group, e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555).

The scene outside my neighborhood this morning after the rush hour bike crash just East of the Fairfax County Parkway, Virginia Route 7100 on West Ox Road

As I left my Oak Hill neighborhood this morning, I was immediately stopped because a biker had apparently been hit by a car and badly injured at West Ox Road and Ashburton in the Herndon – Oakton Woods area of Fairfax County.  Emergency Medical responders and Fire and Rescue teams were dispatched quickly.

EMTs assess, secure and prepare to transport thte injured biker this morning after an apparent crash at West Ox Road and Ashburton, in Oak Hill, Virginia

The EMTs and ambulance came to the scene of this rush hour bike crash and immediately set about to assess and then treat the injured athlete.  This car and bicycle crash occurred between Oak Farms Drive and the Fairfax County Parkway (Route 7100), about exits North of Fair Oaks Hospital.  The injured cyclist was being loaded onto a stretcher and had been placed in a neck brace to protect his neck from spinal cord damage as we were allowed to pass.  It brought home the fact that bike crashes can happen around the corner as well as far away on the trails, tours and race courses.  Our thoughts and prayers go out to the injured cyclist and his family, and we hope that he gets appropriate medical care and recovers quickly.

If you or someone you know has been injured as the result of a bike crash, car accident or sports injury, please contact us by e-mail at ABRAMS LANDAU or call (703)-796-9555.