Fairfax & Loudoun Personal Injury Lawyer - Miscellaneous

Health Insurance Reform-Why We Need It Now

Doug Landau — Tue, 06 Oct 2009 09:53:38 GMT

As a personal injury attorney, I see on a daily basis what health care expenses can do to a family's savings and economic status. Bellow are just a few of the problems in the current system in need of correction:

1. Coverage is currently denied to 36 percent of people who try to purchase health insurance directly from insurance companies in the individual insurance market. People are being terribly discriminated against because of a pre-existing condition or dropped from coverage when they become seriously ill.

2. Every year Americans pay more money for less coverage. Employer sponsored premiums have nearly doubled since 2000, this inflationary rate is almost triple wage increases over the same period.

3. Americans in rural areas are finding health care to be less and less accessible. Higher rates of poverty, mortality, and the lack of medical accessibility in these areas create huge health disparities between urban, suburban, and rural America.

4. Small businesses can't afford to offer insurance to their employees. From 2000 to 2007, the percentage of small businesses offering coverage dropped from 68% to 59%, while large firms held stable.

5. Half of all personal bankruptcies are medical expense related.

6. More than 80% of America's uninsured are WORKING families. without reform projections indicate that these numbers will continue to increase.

Without health care reform we are becoming a sicker, more impoverished country. Our country needs health insurance reform.

Originally posted at InjuryBoard by Doug Landau

Wheel to Work Day In Herndon

Melissa Landau — Fri, 18 Sep 2009 11:36:45 GMT

Doug Landau will be a sponsor on Saturday September 19th at Wheel to Work Day in Herndon, VA. The event will take place from 9am until 1:30 pm at the Town of Herndon Square on Elden Street off the W and OD Trail.

The Northern VA park authority is partnering with Herndon Parks and Recreation to host this fun, free, and informative event. The day has been planned to help Bike commuters to learn the safest and quickest routes to work. Doug will be at the event to help educate cyclists on Virginia's bike/road laws. He will also be distributing bike safety coloring books to attending children. The event will include many other take home goodies such as maps and water bottles.

Mr. Landau's recent successful representation of cycllists who were ticketed during this summer's charitable MS tour sparked a large number of questions and conversations about bicycle laws here in Virginia. Doug will answer questions about these laws and how they apply to cyclists. He will also be sharing technology with allows cyclists to evaluate the efficiency of their pedaling circular efficiency.

If you are local to Northern Virginia then please consider attending Wheel to Work. It's sure to be a fun and informative day.

Originally posted at InjuryBoard by Melissa Landau

The Social Security Denial Saga

Melissa Landau — Wed, 12 Aug 2009 14:36:43 GMT

The San Francisco Chronicle published a story today covering a $500 million settlement between the Federal government and 80,000 Social Security recipients. Based on a law which denies benefits to anyone fleeing felony prosecution, the Social Security Administration withheld money from anyone named in a state or federal arrest warrant. Because of this policy, these people, unaware of these warrants and many never charged with a crime, were denied benefits.

The policy has been declared illegal by several courts.

Because the Social Security Administration denies most claims at the first level, appeal is often required in order to collect Disability benefits. Though the success rate is small when unrepresented, Doug Landau's success rate on these appeals is 99%. Because clients do not pay legal fees to our office unless Mr. Landau succeeds and they are awarded benefits, there is simply no reason for disabled individuals to go the process alone.

In addition to the San Francisco News piece, I recommend the videos I linked to in a post on June 19th which consider the government's time lag in processing these claims as well as evidence that denials are tossed out with the expectation that claimants will simply give up on the process entirely. Claimants shouldn't give up, they should seek legal help.

Originally posted at InjuryBoard by Melissa Landau

80,000 Social Security recipients lose their benefits

Danielle Landau — Fri, 07 Aug 2009 12:12:00 GMT

What would you do if the Social Security payments that you relied on to survive were taken away at the drop of a hat? What would you do if this resulted from a felony charge that you were not aware of or never attained? Just days ago, the San Francisco Chronicle reported on the case:

A judge tentatively approved a settlement Tuesday to repay 80,000 Social Security recipients more than $500 million that the federal government lopped from their benefits, thanks to an anti-fugitive program that went haywire.

The problem arose from a law denying Social Security benefits to anyone fleeing from prosecution for a felony or who had been convicted and was on the run. To enforce it, the Social Security Administration ordered its staff to withhold money from anyone who was named in an arrest warrant for any state or federal felony.

The result, according to lawyers for plaintiffs in a class-action suit, was the cutoff of payments to tens of thousands of people who never fled prosecution. Most were unaware of the warrants, and some hadn't even been charged with crimes, the lawyers said.

Several courts declared the policy illegal, and the agency revoked it as part of the settlement April 1. It now withholds benefits only for people charged with fleeing to avoid prosecution or escape custody.

Originally posted at InjuryBoard by Danielle Landau

“Hot Coffee” spills the beans on frivolous lawsuit charges

Doug Landau — Fri, 07 Aug 2009 11:53:55 GMT

Who has forgotten the 2.9 million dollar case where a woman spilled hot coffee on herself, got 3^rd degree burns on her legs, and sued McDonald’s for serving her coffee at 190 degrees? The facts of the case may be a little foggy, but everyone THINKS they know the facts of this case. The truth is, most people do not.

I recently attended a screening of the movie, "Hot Coffee" in which the family, doctor, lawyer and witnesses are interviewed to bring the truth about what McDonalds did to light, and how the press and insurance companies distorted the truth in order to portray this as a "frivolous lawsuit." The ABRAMS LANDAU, Ltd. personal injury trial team is against frivolous lawsuits. As a Herndon/Reston area trial lawyer I talk people OUT of bringing unnecessary claims.

But soon a unique production crew of editors, photographers and interestingly, a lawyer, will bring the details of the story to the big screen. “Hot Coffee”, presents Stella Liebeck's story in a documentary format. The makers hope that it will receive positive feedback at a future Sundance film festival and will outline the facts of the case that made headlines, and discuss why it has lead to so much discussion regarding law suit abuse and frivolous litigation. The film will expose the details by interviewing doctors, lawyers, jurors, and even Stella’s grandson.

The car was parked. There was no cup holder in the car. And McDonalds KNEW that their coffee was so hot that it would scald and cause permanent injury. McDonalds had almost 200 prior scalding accidents. The plaintiff burned through her flesh in her pelvic area and has permanent scars from the scalding and graft sites.

McDonalds admitted in the 1994 hearing that they were aware that they were serving extremely hot coffee but they tried to excuse their actions. The McDonalds representatives explained that most customers did not immediately drink their coffee, but instead drove away from the drive-thru window, and took the first sip 5-10 minutes later. But some customers want their caffeine fix right away, accounting for the hundreds of claims of burning coffee McDonalds had ignored prior to the famous Liebeck case.

So who was in the wrong? Did the elderly woman spill the coffee and throw an exaggerated fit? Or did McDonalds get what they deserved from an impartial jury when someone finally stepped forward to accuse them of their ignorance? “Hot Coffee” will reveal to audiences the true story that set the country ablaze.

Originally posted at InjuryBoard by Doug Landau

Why insurance companies use lizards and cave men!

Danielle Landau — Thu, 06 Aug 2009 16:15:23 GMT

Car and bike crash injury lawyer Doug Landau warns: Don't be lulled into a false sense of security by a green gecko or Neanderthal.

Who can resist an adorable lizard with a Cockney accent, or a cave man and his quest to be accepted into modern-man's world? We all laugh as the jokes in these campaigns unfold. So when the commercial ends and the insurance company name appears on the screen, we smile.

But when our laughter leads us to blind trust, then we have fallen for a clever advertising technique. The companies invent these fictional characters in the hopes that we the consumers, see the catchy ads, and put our safety and money in the hands of the gecko or cave man. Insurance companies use these false characters to lure us in, often without conferring with an attorney.

According to car crash and bike injury lawyer Doug Landau, watch out! This advertising is the result of many millions of dollars of research and testing. The gecko and cave man are designed to lull the injured victim of a car, bike or truck crash into a false sense of security. The insurance company ads are geared toward suggesting: "You CAN trust us," "put yourselves in good hands," "like a good neighbor" etc.

When you are injured in an accident, the insurance companies will discourage you from getting competent legal assistance. The insurance companies know that they can settle cases for much less money when the injured victim is unrepresented by counsel. Insurers have special units geared toward keeping "control" of the file and working on the unrepresented claim. Personal Injury Lawyers are now combating the national “put your trust in this funny creature” epidemic fueled by insurance companies, by means of commercials that intend to expose the true facts.

When you are in a car accident, you reach for the insurance companies card, but do you have an experienced personal injury lawyer's number handy as well? Probably not, and the problem with that is insurance companies answer your call knowing you have just had an accident and are feeling vulnerable and insecure.

Doug Landau advises: Take a deep breath, remember that the Gecko is not real, and call an experienced injury lawyer.

Originally posted at InjuryBoard by Danielle Landau

Parents who host, lose the most: Parents pay the price for their kids under aged drinking

Danielle Landau — Wed, 05 Aug 2009 15:44:20 GMT

As a parent, is allowing your son or daughter to host a party with under aged drinking worth $2,500 per person, loosing your driver’s license, and spending a year in jail?

It is absolutely not. Drinking alcohol, if you are under 21 is illegal in the United States, and can result in a $500 fine, community service, and loss of ones driver’s license. But it is also a Class 1 misdemeanor for ADULTS TO PROVIDE ALCOHOL to any person under the age of 21, other than their own child in the privacy of their own home. (An example is a parent may give his or her child alcohol in their home for a religious occasion).

The penalties for an adult providing alcohol to their children’s under aged friends are more costly than the penalties for the drinkers. A $2,500 fine PER YOUNG PERSON PROVIDED WITH ALCOHOL is just one penalty. This means if you allow your daughter to have 10 under aged friends over to your house to drink you will pay $25,000. That is more than a little pocket change, and should not be taken lightly.

In addition, the kids you host could drive home drunk. They may promise they will spend the night and then once they have consumed some alcohol, convince themselves they are able to drive. Driving while intoxicated is also a crime, and can lead to serious injury and death, especially in teenagers who are inexperienced drivers. And if the young drunk driver hits and injures someone, the parents who hosted the party and provided the alcohol to a minor could be liable.

Things parents can do to prevent the worst:

- 1. If your child is going to a party, find out where it is and call other parents to make sure it will be alcohol free

- 2. Lock up your alcohol so that your child won’t have access to it.

- 3. Check bag packs and purses at the door to make sure no alcoholic beverages are entering your home in the hands of teenagers.

- 4. Refuse to buy alcohol for your child, or host a party where persons under 21 consume alcohol.

Under aged drinking is a serious offense, but adults who play the laid-back, party hosting, parents really have to pay the price.

For more information visit www.unifiedpreventioncoalition.org

Originally posted at InjuryBoard by Danielle Landau

Out of jail and on the field: Michael Vick lives to play football again!

Danielle Landau — Tue, 28 Jul 2009 16:03:45 GMT

Vick may return to play in the NFL as soon as October!

Michael Vick Finished his 2-year sentence for dog fighting. . He no longer has to wear his electronic monitor and can now officially make a bid to return to the NFL.

The NFL Commisoiner, Roger Goodell, who suspended him indefinitely because of his conviction on a federal conspiracy charge related to his dog fighting operation, wants to sit down with Vick to review Vick’s progress before he returns to the NFL.

“Goodell will consider Vick for full reinstatement in week six of the season which arrives in October.

Not surprisingly, Vick won't be allowed to own a dog, according to the NFL. It does look like he's at least allowed to pet a dog, under the rules of his reinstatement, a good thing since Vick has proposed working with the Humane Society as one way to further show his remorse for bankrolling the infamous Bad Newz Kennels dog fighting business.”

Originally posted at InjuryBoard by Danielle Landau

Near-Drowning Lawsuit in Maryland: Parents Suing For 40 Million Dollars

Doug Landau — Sun, 26 Jul 2009 16:14:00 GMT

On July 29^th, 2006 James Becker nearly drowned at the Woodcroft Swim Club in Parkville, MD. The resulting injuries from that accident, damage to his brain and entire nervous system, occurred during the estimated ten minutes during which an inadequate amount of oxygen was able to reach the boys brain.

The young boy, who was once a multi-sport athlete, is now severely disabled. He relies on a wheelchair, around the clock care from his mother, and his speaking abilities now consist of just incomprehensible noises and grunts.

The boys’ parents filed a 40 million dollar lawsuit against the company that runs the club, D.R.D Pool Management Inc. and the club itself on the grounds that they did not recognize, respond to, and resuscitate the boy quickly enough.

The now 18 year-old is unable to eat, talk or walk, while before the accident he was a thriving 15-year-old high school student. Though the amount is enormous, it is a calculated estimate of how much it will cost to care for the boy for the duration of his life.

Originally posted at InjuryBoard by Doug Landau

Michael Vick and Virginia's "one free bite", with trained killer dogs, it don't seem right!

Danielle Landau — Tue, 21 Jul 2009 13:13:40 GMT

Animal fighting is a crime. Training dogs and other animals to fight is also barbaric. As part of hi plea bargain, disgraced NFL quarterback Michael Vick admitted that he "electrocuted and beat dogs to death after they lost fights" according to today's LA Times.

Yet, in Virginia, a dog (and its owner) often cannot be held responsible for the first bite. Virginia, unlike New Jersey and other more enlightened states, does not have a "strict liability law" for dog attacks. In other words, in Virginia, where Vick trained these dogs to attack, maim and kill, a child injured by one of this professional athlete's canines would have to show "notice" by proving a prior dog bite or animal attack. Otherwise, Vick could claim there was no "notice" that his animal was dangerous or that the quarterback's highly trained dog would bite anyone. A Virginia court might then dismiss the innocent victim's injury case, even if there were permanent scars and future surgery still needed!

Leesburg, Loudoun and Fairfax County dog attack lawyer Doug Landau believes this would be a terrible result, and that the Virginia laws in this regard need to be changed. If a dog (or other animal) has been trained, bred and/or programmed to attack, fight and/or bite, then the owner should be held responsible. There is strict liability for those responsible for using such dangerous things as explosives. ABRAMS LANDAU lawyer Landau believes that owners of dangerous and "explosive" animals should also be held strictly accountable and liable for their animals' actions, injuries and harm.

Originally posted at InjuryBoard by Danielle Landau