Fairfax & Loudoun Personal Injury Lawyer

Taking in Strays Can Be Risky - Look Before you Leash!

Doug Landau — Fri, 20 Apr 2012 15:56:58 GMT

Taking in stray dogs and cats is often a noble thing to do, and in the right circumstances can mean a safe home for the animal and an enjoyable new companion. But before taking in a stray, caution is advised. Many stray animals have not truly been “domesticated”, making them more akin to wild animals than to the loyal pets we seek. Even if they don’t show wild tendencies, it is rare for a stray animal to have been “socialized” around other people or pets, which is a key process for making an animal a pet.

All too often, what starts out as a selfless act can turn to tragedy for both the new pet owner, the pet itself and potentially third parties—neighbors, family, friends, maintenance workers or passersby. The stray might appear—and indeed be—sympathetic and needy. But once home, the new owner finds a host of issues with the animal. It hasn’t had its shots. It isn’t licensed. It is dangerous to children or other pets. It isn’t house-trained. It has anxiety issues. It has medical issues.

Sometimes a stray animal brings nothing but headache. At its worst, it can bring serious injury and even legal liability. In many states, there are actually statutes that make a dog owner liable for injuries caused by their dog—sometimes even when the dog doesn’t actually bit anyone. Even if a statute isn’t at play, an owner can be found negligent in caring for and controlling their animal.

To say the least, a stray animal isn’t a free pet and it shouldn’t be treated as such. Just like any animal that you may bring home from a shelter, a pet store, or a friends’ litter, a stray animal will need attention and it is a big responsibility. If you are considering taking in such an animal, take some basic precautions to protect yourself and your loved ones. At a bare minimum:

Have the animal examined beforehand by an experienced veterinarian to find out about any health issues and ensure it is properly vaccinated.

Have a dog trainer work with the canine, have a dog trainer work with the canine to spot and resolve behavioral issues. Some vicious dogs or abused domestic pets will be difficult to train. These animals may be unsafe around children.

Make sure you obtain and keep the proper paperwork and licenses.

Taking in an animal in distress should not unnecessarily increase the danger to two- and four-legged visitors and neighbors.

Originally posted at InjuryBoard by Doug Landau

Because Social Security Disability fees are capped, clients get extra money !

Doug Landau — Fri, 23 Mar 2012 18:19:37 GMT

Who doesn't like a government refund check ?!!? Unexpected money is often the best kind to receive. When clients get winning Social Security Disability decisions in the mail, they are happy. When they get additional money for themselves, their children or other loved ones, they call to thank us again. The Landau Law Shop received a copy of a letter from the Federal Government this month that was sent to a client for whom Doug Landau, of the Herndon Virginia law firm ABRAMS LANDAU, had won a disability case. The letter from the Baltimore Maryland "Office of Central Operations" for Retirement, Survivors and Disability Insurance had good news for this young Purcellville Virginia woman. Social Security wrote to tell Landau's client that she "will soon receive a check for $3,401.50 because we are sending you money which we did not have to use to pay an attorney fee." That is because Mr. Landau's fees are CONTINGENT, which means he is NOT PAID unless he wins the case.

Attorney fees are 25% of the back due benefits in Social Security Disability cases up to the Administrative Law Judge level. Doug Landau's attorney fees are also CAPPED at no more than $6,000 in 2012. This amount is periodically modified by the Federal Government. Even if a client gets $100,000 in back due benefits in their disability case, Mr. Landau's fee is a maximum of $6,000. In this case, the $6,000 amount had been reached, so the happy client received additional money, as the Federal Government had set aside 25%, which is more than Mr. Landau would take. The best Virginia, Maryland and Washington DC Social Security lawyers care about their clients, thoroughly prepare them for court and do not charge excessive fees. If you or someone you know or care for has become disabled and there are questions about what laws apply, e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) at once.

Originally posted at InjuryBoard by Doug Landau

Protecting innocent patrons from criminal attacks

Doug Landau — Thu, 22 Mar 2012 16:33:31 GMT

Victims of criminal acts may—in addition to any criminal charges brought against the perpetrator—seek monetary recovery through a civil lawsuit from the person who committed the wrong. For example, individuals who are robbed or mugged may sue in order to recover for their losses. But often, a criminal defendant doesn’t have much to offer much in the way of recovery and plaintiffs may look elsewhere—for example the property owner where the crime took place.

Take the example of a convenience store customer who is robbed, beaten and injured while making a purchase. Can the owner of the convenience store be held liable for these so-called "crimes of opportunity"? In Virginia, the answer is generally no. So why is it that these stores, even when they donot have security guards or safety procedures, get to avoid culpability altogether in these situations?

The answer has to do with a legal term known as “duty of care”. It is one of the first elements that a plaintiff must prove in any negligence suit. That is in our example, “does the defendant convenience store owe the plaintiff a duty of care?” Or, even more specifically, “does the defendant convenience store have a duty to protect customers from criminal acts?” It’s relatively straightforward to say that the convenience store had some duties with respect to the plaintiff by making sure that the store is a reasonably safe place for customers to shop. But generally, the law will not recognize a duty of care when it comes to the actions of individuals the convenience store has no control over. In other words, the convenience store doesn’t have a legal duty to protect customers from criminals. This often holds true even if the convenience store is located in a rough neighborhood and even if crimes have been committed there in the past. If several convenience store customers' cars have been vandalized, that fact alone is not enough to put the premises owner or operator on "notice" that a violent crime is about to take place.

That said, as with all general rules, there are exceptions. In extreme situations, the court may find that a store (or other type of business) does have specific duties to protect plaintiffs from imminent danger of harm. In other words, if the store owner knows of a specific and immediate risk to its customers, then it may have a duty to warn those customers or take other steps to protect them. But simply having general knowledge about the dangers in the neighborhood is not enough.

Originally posted at InjuryBoard by Doug Landau

Costs of Workers' Surgeries Vary by State

Doug Landau — Wed, 21 Mar 2012 06:38:00 GMT

Workers Compensation adjusters constantly bemoan the costs of medical care for injured workers in Virginia. The comp insurers also complain about utilization, since weekly wage benefits are capped, but the costs of medical treatment is not. Herndon Reston area workplace injury lawyer Doug Landau recently responded to a post about a Workers Compensation Research Institute ("WCRI") study that examined medical billing data from 17 states over a seven-year period. The WCRI study noted that common surgeries for workplace injuries generally cost less in states that have adopted per-procedure fee schedules, versus states that do not use fee schedules. The Workers Compensation Research Institute of Cambridge, Mass., examined medical cost data from 17 high-population states between 2003 and 2009, discussed utilization but was seemingly silent on the issue of how timely doctors and hospitals who treat injured workers are paid. Because of this silence, lawyer Landau wrote,

"As a lawyer who practices in several states along the East Coast, I wondered about the trends in medical care costs. What is missing from the study is the "Gorilla in the Corner" - the time value of money. Virginia may have a higher price tag for a given procedure, but the delay by the insurance companies and TPAs mean than many doctors that treat my clients do not get paid for many months or years. Plus, after the reduction for "usual and customary" and "peer review" the effective billing rate is sometimes pennies on the dollar."

In two cases tried by the Herndon law firm ABRAMS LANDAU where there was no question that the employee sustained a compensable on the job injury, the insurance companies have contested the doctors' and hospitals' bills totaling several hundreds of thousands of dollars. Despite winning both cases at the trial level, the insurance company lawyers have appealed to the Full Commission. In one case, a health care worker slipped & fell on the ice, reported back to work, suffered a brain injury that required her skull to be removed, and has now had a second stroke, and, in the other case, an airline pilot slipped and fell on the tarmac, injured his knee, and when he went in for a arthroscopic surgery, developed a clot that nearly killed him. In these cases, the doctors will not be paid their full billing, they will be paid so long after these surgeries and hospitalizations that their final payment will be pennies on the dollar, and in both cases, the injured worker will have paid enormous co-pays and deductibles while waiting for the decisions on appeal.

Originally posted at InjuryBoard by Doug Landau

Maintaining Active Lifestyle through Laminoplasty after Back Injury and Spine Pain

Doug Landau — Tue, 20 Mar 2012 12:02:43 GMT

Advances in medicine are enabling disabled clients to achieve better outcomes after spine injuries. New surgical techniques, equipment and prosthetics have allowed ABRAMS LANDAU clients to regain pre-injury levels of function, and in a number of cases, return to work after sustaining herniated discs, fractured bones and nerve damage in their spinal cords. Traditional treatment often consists of conservative (non-operative treatment such as rest, physical therapy, medication, modified duty or "off work" status), care first, and then surgery. This operative procedure for those suffering from spinal stenosis (narrowing of the vertebral canal that separates the spinal cord from the surrounding hard, bony vertebrae) can be a laminectomy with fusion. This procedure, while effective, involves removing bone in the neck or low back and then stabilizing the spinal column with rods, screws and a bone graft. Patients usually lose range of motion in the neck or lower back. As a result, during an accident, they are more likely to suffer serious spinal cord injuries.

There is a less invasive option: laminoplasty. According to Georgetown University Hospital surgeons, this procedure is "widely used in Japan and gaining a foothold in the U.S. Laminoplasty calls for one of the spine’s two laminae—plates of bone in the vertebrae—to be opened vertically but not removed. A parallel shallow groove is made in the other lamina to serve as a hinge, allowing the surgeon to pry open the bone that was sliced through. Wedges are then inserted in the open area to free the compressed nerves and prevent the bones from growing back together and closing the gap. Since no bone is removed, fusion is not necessary and range of motion can be preserved. MedStar Georgetown University Hospital is one of the few hospitals in the area to offer this approach, which also provides patients with quicker recoveries. With fusion, most patients spend four to six weeks in a hard surgical collar. By contrast, laminoplasty patients wear no collar and are encouraged to start moving the neck within a week of the surgery." It will be interesting to see how this new procedure develops, as we welcome safe advances that can help return our clients to functionality and their pre-injury activities of daily living.

Originally posted at InjuryBoard by Doug Landau

Half price DC Social Security Disability Lawyer ?

Doug Landau — Mon, 19 Mar 2012 16:24:07 GMT

"How much ? How Hard ? How Long ?" Those are the three best questions clients and their family members ask Herndon Reston area disability lawyer Doug Landau. For the first question, there is good news! For those clients who have been disabled as the result of a spine injury, disease, head trauma, car crash and even an animal attack, and are seeking Social Security before reaching retirement age, Doug Landau's fees are CONTINGENT. This means that if he is not successful, you do not pay for his time and efforts. Furthermore, this CONTINGENT fee is CAPPED at no more than $6,000 for 2012 ! In short, the fees in such disability cases are CONTINGENT, CAPPED AND must be approved by the Federal Government before you pay anything. And, Herndon Virginia Social Security and accident lawyer Landau has never charged a fee for the additional benefits and payments his clients' children get under the Federal Disability law. In a recent case for a Reston Virginia client, the Federal Government's "Office of Central Operations" at the Baltimore Maryland Social Security Disability Insurance office wrote:

"We have approved the fee agreement between you and your representative. Your past due benefits are $46,310.90 for February 2009 through February 2012. Under the fee agreement, the representative cannot charge you more than $6,000.00 for his or her work. The amount of the fee does not include any out-of-pocket expenses (for example, costs to get copies of doctors' or hospitals' reports).

If Mr. Landau was to get the full 25%, it would amount to $11,577.725. In effect, the client is getting Mr. Landau's experience, winning record and staff for about half price ! Given this client's young age, she may receive another 20 years of monthly income loss payments, as well as medical and other Federal disability benefits. For $6,000, this may be one of the very best bargains around ! The best Maryland, Virginia, New Jersey, Connecticut, Wet Virginia, Florida and Washington DC Social Security lawyers care about their clients, thoroughly prepare them for court and do not charge excessive fees. If you or someone you know or care for has become disabled and there are questions about what laws apply, e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) at once.

Originally posted at InjuryBoard by Doug Landau

Ignition Interlocks May Prevent Crashes By Drunk Drivers

Doug Landau — Sun, 18 Mar 2012 21:04:07 GMT

The ignition interlock system for convicted drunk drivers is an idea whose time has come. While some contend that it is simply a windfall for the manufacturer of the safety device, Herndon Virginia car crash lawyer Doug Landau believes that the device and the change in the law will help to prevent needless harm and highway fatalities. The Loudoun Times reported that the Virginia State Senate approved House Bill 279 requiring Virginia drivers to have an ignition interlock installed after their first DUI offense. Currently, the devices are required only after a second or subsequent DUI conviction. According to the National Highway Traffic Safety Administration, nearly 30,000 Driving Under the Influence ("DUI") offenders were convicted in Virginia in 2010. That is more than three convictions every hour.

An ignition interlock requires a motorist to blow into a Breathalyzer before starting the car and at random intervals while driving. The car will not start if the driver’s blood alcohol content is above .02 percent. “If, before attempting to start their vehicle, the device senses a set amount of alcohol, the vehicle will not start,” said Kurt Erickson, president of the Washington Regional Alcoholic Program, which campaigns against drunken driving. “If a running retest senses a set amount of alcohol, the vehicle’s horn will sound, along with its headlights flashing, in order to draw the attention of law enforcement.” People convicted of their first DUI offense are less likely to re-offend if they have to install an ignition interlock in their cars and trucks, according to a study by the Insurance Institute for Highway Safety. If ignition interlocks are effective in stopping people from driving while under the influence of alcohol, then lives will be saved and needless injuries prevented. If you or someone you know or care for has been injured as the result of a car, truck, bicycle or motorcycle crash with a drunk driver and there are questions about what laws apply, e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) at once.

Originally posted at InjuryBoard by Doug Landau

Suing City Hall: Harder Than You Think

Doug Landau — Wed, 14 Mar 2012 21:59:51 GMT

Victims who suffer injury due to the negligence of a town or city government—or employee—often find that recovery is a lot harder than if they had been injured by a non-government actor. While it does not seem like the victims recovery should depend on who committed the negligence, it all too often does. And when it comes to suing a city, county or state government or its employees, victims can run into all sorts of obstacles. One of those is known as “sovereign immunity”.

Sovereign immunity basically means that government entities are protected against lawsuits based on claims like negligence. So if you slip and fall in a store, you can sue the owner of the store. If you slip and fall walking into city hall, you’re out of luck. Why this special treatment? Well the idea behind sovereign immunity goes back centuries, but it basically comes down to protecting the government from interference with performing its functions. It helps to ensure that state or local money and personnel aren’t tied up in defending all sorts of lawsuits, but instead can carry out the business that government is supposed to be carrying out.

Just how far does sovereign immunity go? Well it depends on who the victim wants to sue. It’s hardest to bring a lawsuit against a state or a county and a little bit easier to sue a city government. But the question the courts will look to is: did the accident occur while the government was carrying out specifically government business for the public as a whole? If so, then no lawsuit may be allowed. But if not—if the government was taking part in some sort of activity that private corporations normally do and that benefit the city government—then a lawsuit might be allowed.

There are also some explicit exceptions to sovereign immunity. For example, the government can be sued for gross negligence, nuisance and intentional torts. Sometimes statutes might explicitly state that the government can be sued if it engages in a particular type of act. But even when these exceptions apply, a plaintiff will often have to jump through a few more procedural hoops before they get their day in court.

Without a doubt, the fairness—and wisdom—of sovereign immunity can be debated. It certainly does not seem like the government should be able to get away with negligence and there is an argument that services improve when there is a possibility of being sued. But at least for now, protecting the government is the way that law stands.

Originally posted at InjuryBoard by Doug Landau

DC Social Security Doctor's Fraudulent Exam Leads to Remand

Doug Landau — Thu, 16 Feb 2012 06:09:00 GMT

The Social Security Administration often hires doctors to examine disability claimants, review their medical records and even come and testify against these wage earners who had paid into this system and need benefits before their intended retirement because of serious medical conditions. Leesburg and Manassas area Social Security lawyer Doug Landau has seen reports from these Social Security doctors in spinal cord injury and toxic chemical cases where they are: unsigned, by a physician of the wrong area of medicine; and incomplete. In a recent case, the disabled claimant filed a complaint with the D.C.Board of Medicine against the Social Security Consultative Examining Physician ("CE") while his case was pending at the Federal District Court (because he had lost again at the Hearing level before the Administrative Law Judge).

The D.C.Board of Medicine determined that indeed, a violation of the Health Occupations Revision Act had occurred and that disciplinary action could be warranted. The disabled claimant also filed with the DC Superior Court that the report constitute fraudulent misrepresentation because the doctor hired by the Social Security Administration had performed only a cursory medical examination and used no diagnostic tools to arrive at his medical conclusion. The court concluded that the doctor's report contained a false representation of material fact.

The letter from the D.C. Board of Medicine and the D. C. Superior Court Transcript constituted new and material evidence requiring a remand under the Social Security guidelines. The evidence is new because it was not in existence at the time of the Administrative Law Judge Hearing. So there was good cause for not including it earlier. The evidence is material because it undermines the credibility of the CE's report, and therefore might have changed the outcome of the Social Security judge's Hearing. Although the ALJ did not rely exclusively on this opinion, it was clear that he considered it and he may have given it less weight had he known that it contained a false representation of material fact. In Jones v. Astrue,* the DC Federal Circuit Court of Appeals held that, the decision denying benefits was reversed and the case was remanded. The case was sent back for an explanation of the weight given to the physician's opinion.

*Jones vs, Astrue, 647 F.#rd 350 (D.C.Cir., 2011)

Originally posted at InjuryBoard by Doug Landau

Social Security Won;t Tell You Who You Judge Is Anymore !

Doug Landau — Wed, 15 Feb 2012 06:08:00 GMT

The Federal Government is no longer going to identify its judges before disabled workers' and their families "day in court." Always leery when people do not identify themselves, the Social Security Administration's ("SSA") decision to no longer identity the Administrative Law Judge ("ALJ") assigned to hear Disability cases is a bad one. The Herndon disability law firm ABRAMS LANDAU received several Hearing Notices this month in cases involving spinal injury, psychiatric illness and chronic disease and none of them had the name of the Federal Judge assigned to our clients' disability claims. This means we cannot send medical records to a particular judge, call their assistant or send our pre-trial brief in the format that they have asked for on previous occasions when we have appeared at trial in Washington D.C., Richmond and Charlottesville Virginia, and other states on the East Coast.

The statistics as to how many cases each judge will approve and deny is now available. And with the electronic sharing of information, the representatives for disabled claimants are able to share notes and find pout which judges are not able to treat people fairly. While most Social Security judges Doug Landau has appeared before are wonderfully prepared, civil and fair, there are a few "bad apples" who are known to be ill-suited for their important judicial role. While Herndon Social Security Lawyer Doug Landau understands that some lawyers were abusing the system by "forum shopping" in order to file cases before more favorable judges, not identifying the decision maker in a disabled worker's all important lifetime benefits case is simply cowardly. This new policy is tacit admission by Social Security that there are some judges who are not in touch with reality and who have such difficulty at Hearings that experienced lawyers and claimants try to avoid them like the plague ! Everyone at ABRAMS LANDAU believes that ALJs should be identified BEFORE the Hearing, and that secrecy in this case has nothing to do with security and everything to do with hiding problem judges that need to be re-assigned, re-trained or simply "RIF'd".

Originally posted at InjuryBoard by Doug Landau