TheAthletesLawyer

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 »

Luray Sprint Triathlon Masters prize winners receive their awards from Race Director David Glover

After driving out to Luray through the fog and rain on the morning of this race, Doug Landau barely made it to his heat on time.  The warm water of Lake Arrowhead meant that wetsuits were not legal for those competing for prizes.  Even though the Herndon Reston area triathlete lawyer was not part of the Virginia Triathlon Series this year, he nevertheless wanted a good time in order to assess his fitness in advance of next month’s USAT National Sprint Triathlon Championships.  However, in addition to not having his beloved wetsuit, Landau also blew the valve off his race wheel.  “Always prepared,” the resourceful trial lawyer brought his training wheels (and an extra helmet, goggles, water bottles, etc.), because he has had to go with “Plan B” before !

"Frazz" comic strip creator and accomplished triathlete Jef Mallet and Doug Landau clink their crystal award glasses after the Luray Virginia Sprint Triathlon

After his inauspicious pre-race preparations, Landau had a mediocre swim, but managed to not get passed on dry land, reeling athletes throughout the bike and run portions of the race.  Landau finished in the top 20 out of over 400 athletes, easily winning his age group and getting a carved goblet for 3rd place master in a time of 1:29:32.  As the oldest racer in the top 20, Landau did not feel sore afterwards, and was glad to have a chance to talk with “Frazz” comic strip creator Jef Mallet.  Landau has often clipped and sent “Frazz” strips to his friends and family.  Mallet finished both the Luray Sprint AND the Olympic Distance race the day before.  Now that’s hard core !

Click here for Official Results

While Triathlon Trial Lawyer Doug Landau has not entered sufficient races in the Virginia Triathlon Series (”VTS”) this year, he nevertheless enjoys the competition and camaraderie of the events that Set-Up, Inc. puts on all over the middle Atlantic region.  While he does not intend to race at the Olympic Distance in 2010, Landau is slated to compete in three sprint distance races, in Luray, Warrenton and Spotsylvania Virginia.

The Luray Triathlon is set in the foothills of the Blue Ridge Mountains in the beautiful town of Luray.  A half mile one loop swim in pristine Lake Arrowhead gets athletes ready for the rolling 16.5 mile bike on paved roads surrounded by the woods and farms of the Shenandoah Valley.  The race concludes with a 5K that is an out and back with rolling hills and all on the roads of Page County.  Landau has competed successfully in the Olympic Distance Race, which uses much of the same routes.

Rehab to racing coaches Rob (in the middle) & Stephanie Colburn at the Luray Triathlon, where he completed both races

The VTS race directors suggest that athletes come to Luray with its 300+ acres of award-winning parkland and spend some time exploring the downtown and seeing what the Shenandoah Valley has to offer !  Set Up, Inc. offers a real challenge for IronMan and half Iron athletes who want to test themselves over 2 days.   Billed as the “Luray Double,” Athletes who complete the “Luray Double” by completing the Luray International and Luray Sprint in the same weekend receive a special hand-engraved goblet.  Furthermore, comic strip “Frazz” creator Jef Mallet is slated to try the “Luray Double” as is “Rehab to Racing” Coach and training partner Rob Colburn.

Avid cyclist, duathlete and Triathlon Trial lawyer Doug Landau compares state laws on "Comparitive Negligence" and the time it takes to get a sports injury case to a jury in Court

In yesterday’s post, the verdict in favor of the injured athlete was reported after an 8 year wait for the cyclist’s “day in court.”  The damages supporting the $2,900,000 jury verdict were substantial.  The permanently injured biker broke 4 vertebrae in her neck.  When the accident happened, the Plaintiff was host of a local-access television program about mountain biking. The injured cyclist now works at the front desk of a health club; she previously worked as an illustrator of children’s books.

The long wait to get to trial does not surprise injured athletes lawyer Doug Landau, who has prevailed in personal injury cases in Connecticut many years after the crash or dog attack.  This bike crash personal injury lawsuit took eight years to resolve the case because of a dispute about whether the Metropolitan District Commission (”MDC”) was immune from responsibility.  After a four-day trial, the jury decided the authority was not immune from responsibility for the injuries and harms caused by its negligence. However, the jury also found that the Plaintiff was partially responsible.

In Virginia, that finding, that the Plaintiff was partially to blame, would have resulted in a Defense verdict according to injured and disabled bikers’ lawyer Doug Landau of the Herndon law firm ABRAMS LANDAU, Ltd. In ABRAMS LANDAU cases in Connecticut and other Northern States, injured clients benefit from the law of “Comparitive Fault” but wait many years for their “day in court.” Another interesting note about the case is that three Plaintiff had offered to settle the case for less than the amount awarded by the jury, but MDC refused.  If you or someone you know has been injured while riding their bicycle in a car crash, due to an unsafe condition or because of a product defect, please e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) right away, as their are important time deadlines in every legal claim.

After hitting a bridge expansion joint on the Lee Bridge in Richmond and flatting out last month, Duathlete and bike injury lawyer Doug Landau noted with interest the case reported this month in the Hartford Courant. A Superior Court jury awarded a former mountain biker and children’s book illustrator $2.9 million for injuries suffered in a bicycle accident on land owned by the Metropolitan District Commission (”MDC”).   The jury ruled that the MDC had improperly placed a steel grate on a recreational path. According to the news report, the biker struck the steel grate and broke her neck.

The six-person jury awarded the money last week Friday to the injured athlete after finding that the regional water and sewer authority improperly placed a steel gate across a path within the Talcott Mountain Recreation Area. The 35-year-old Rocky Hill Plaintiff was biking on a trail in the area, also known as the West Hartford Reservoir, when she struck the gate, breaking four vertebrae in her neck in May of 2002.  The MDC had installed the gate to block motor vehicle access to the water. The MDC’s chief in-house lawyer said through a spokeswoman that the MDC was surprised by the verdict and intends to appeal.  For more on this interesting case, see tomorrow’s post

Leesburg injury lawyer Doug Landau bikes to Loudoun Court house on Friday afternoon !

Because the Loudoun County Court House is not far from the W&OD Trail, Triathlon Trial Lawyer Doug Landau has biked to court !  It is less than 20 miles from the “Landau Law Shop” to the Circuit Court in Leesburg.  A Wrongful Death and Declaratory Judgment action filed by ABRAMS LANDAU, Ltd. was being submitted for approval by the Loudoun Circuit Court Friday afternoon.  Doug Landau has received a policy limits offer from the Defendant’s car insurance company for the fatal car crash after the Herndon Reston area law firm’s liability investigation was completed.

In order to get the family additional benefits, Landau filed a “Declaratory Judgement Action” so that the Circuit Court could issue a ruling on whether insurance policies held by other members of the family could also be accessed in order to compensate the plaintiffs for their losses.  The Circuit Court judge approved a $300,000 settlement, whereby the Defendant’s insurance company paid its policy limits of $100,000; a daughter living in the home’s policy paid $100,000 and another car owned by the family also paid its policy limits of $100,000.  If you or someone you know has been injured or killed in an accident, please e-mail or call ABRAMS LANDAU (703-796-9555) today so that we can help them and their family with all their potential claims.

Athletes and those in the fitness industry have known for years that the morbidly obese are at greater risk for all sorts of diseases and spine disorders.  But now research has found that obese people more at risk for acute upper body injury in car crashes.  Scientific data demonstrates increased risk of injury in motor vehicle accidents among overweight and obese Americans, especially among males according to the Journal of Public Medicine.  This study should also provide further incentive for overweight and obese Americans to reduce their weight, as much as realistically possible.

Little research had previously been conducted as to obesity and the risk of injury after a motor vehicle accident, especially in relation to gender.  However, since obese women tend to have more fat in the lower body and obese men in the upper body, it was reasonable to speculate that there would be differences in their injuries after a car crash.  The scientists studied data from the Crashworthiness Data System, a part of the National Automotive Sampling System. They included thousands of passenger car or truck drivers, at least 18 years old, involved in frontal collision accidents from 2001 to 2005.

The scientists also ran computer simulations of frontal collision accidents of motor vehicles.  This way they could experimentally adjust the body mass index of a simulated person, and observe the resultant injuries after an accident.  What causes these differences in gender and injurity severity? The scientists speculate that since obese males tend to have more fat in the upper body, an abrupt change in velocity may distribute more force to these body regions in an accident.  The ultimate observation was that obese men are generally at greater risk of injury after a motor vehicle accident than other men or even obese women. This information should assist motor vehicle manufacturers in designing more appropriate safety restraints.

This was the crux of a notice Loudoun, Fairfax and Leesburg brain injury lawyer Doug Landau received in Charlottesville while preparing for the appeal of a brain injury case.

The Stroke Association wants people to know that strokes are the #3 killer in this country, yet many people don’t even know what they are. They don’t know that more of the brain can be saved if a stroke is detected and treatment is received immediately. Strokes begin when a blood vessel in the brain becomes blocked or bursts. Blow flow is cut off. Tissue is starved for oxygen, and parts of the brain die. If not treated quickly, abilities and productive life can be lost. Learn to spot the warning signs of a stroke or call 1-888-4-STROKE, and act quickly. Your brain is your most prized possession. Guard it with your life.

While riding his bicycle eastbound on Clarendon Boulevard, just past the intersection with Edgewood Street, another innocent biker was struck by a careless motorist today.  The cyclist was in the designated bicycle lane, as was the case with our client who was injured by a taxi turning into the Starbucks. See post.

In the area of this bike crash there are two lanes of eastbound traffic, then the bike lane, then a parking lane to the right. The parking lane was filled with parked cars so the cyclist was blocked to the right, and traffic was moving on the left. Suddenly, and without any warning, the BMW swerved from the traffic lane, across the bike lane, trying to get into a set of two open parking spots (So as to drive through the rear of the two and park in the forward one, without having to back up into a spot).

The BMW cut the biker off and flipped the cyclist over his handlebars.  Striking the cement, the cyclist had injuries to his face, hands, elbows and leg.  Eye witnesses immediately called the police and an ambulance.  The BMW driver was ticketed at the scene, but as many drivers well know, this does not mean that he will be found guilty, convicted or made to pay any restitution.  The biker has lacerations on his face, pain and difficulty seeing.  In addition, his bicycle sustained damage that will form the basis of a property damage claim.  Everyone at ABRAMS LANDAU wishes the innocent cyclist a speedy recovery.  We hope that he is able to get back “in the saddle” soon and resume his enjoyable cycling.  If you, or someone you know, has been injured while riding their bike, please call us or e-mail us at once.  Experienced bicycle crash lawyer Dog Landau notes that “after the Traffic Court trials, it is very hard to properly investigate and prepare these claims for successful resolution.”

When a friend showed up at the offices of ABRAMS LANDAU after an adult ice hockey match with a fractured orbit and impressive shiner, Ashburn and Reston sports injury lawyer Doug Landau looked into the injury, frequency and steps to prevent such head and facial trauma.

Orbital blowout fractures are cracks or breaks in the facial bones surrounding the “socket” that houses the eyeball. Orbital fractures of the facial ones surrounding the eye can result from such blunt trauma as getting hit by an ice hockey stick, puck or opponent’s elbow. Blows to the face and head can result in concussion, loss of consciousness and orbital fractures and eye injury. Wearing face masks has dramatically reduced the risk of eye injuries, including orbital lacerations and facial fractures. In players wearing partial or no protection, eye trauma resulting from a stick, puck, or elbow can cause hyphema, orbit fracture, retinal detachment, or globe rupture. According to The Journal of Musculoskeletal Medicine, no blinding eye injury has ever been reported in a hockey player wearing full facial protection.

Total head and face protection is essential for any collision sport. In ice hockey, the risk of eye injury is not so much from collision as from a flying puck. The use of face masks in amateur ice hockey in Canada led to a 66 percent reduction in eye injuries, as reported in the Textbook of Orthpaedics, Trauma & Sports Medicine

Bottom line: players should wear head and face protection in ice hockey games and practices in order to prevent eye, face and head injury.