Claimed Lawyer ProfileQ&A
- Personal Injury
- Estate Planning
- Family Law
- Nursing Home Abuse & Neglect
- Medical Malpractice
- Elder Law
- Domestic Violence
Additional Practice Area
- Car Accidents
- Free Consultation
Free 15 minute initial telephone consultation
- Credit Cards Accepted
- Contingent Fees
Contingent fees in all injury and accident cases.
- Rates, Retainers and Additional Information
Competitive rates for high quality legal services. Often, fees may be shifted to opposing party.
Jurisdictions Admitted to Practice
- Vincent J. Bernabei LLC
- - Current
- Kennedy King & Zimmer
- Boettcher, LaLonde
- University of Nevada-Reno
- Lewis & Clark Law School
- Outstanding Volunteer
- Multnomah Bar Association
- Washington State Bar # 14649
- - Current
- Oregon State Bar
- - Current
Websites & Blogs
162 Questions Answered
- Q. If I'm insured driving an uninsured vehicle, am I covered?
- A: You should be covered depending on when you actually purchased the new car and the terms of your insurance policy. Most insurers will give you a 10 day window in which to obtain coverage on a recently purchased car. Your policy will contain the information you need.
- Q. Filed for custody mod (seeking sole), after a year of joint. I'm custodial. In Oregon, how likely am I to get sole?
- A: “Joint custody” means an arrangement by which parents share rights and responsibilities for major decisions concerning the child, including, but not limited to, the child’s residence, education, health care and religious training. The court cannnot order joint custody, unless both parents agree to the terms and conditions of the order. Modification of a joint custody order requires a showing of changed circumstances and a showing that the modification is in the best interests of the child such as would support modification of a sole custody order. Inability or unwillingness to continue to cooperate shall constitute a change of circumstances sufficient to modify a joint custody order.
- Q. I was hit by an uninsured and unlicensed driver in Oregon. Now I have a car that is totaled.Where to start?
- A: You should start with your own insurance policy to see if you have coverage for the damage to your vehicle. If you were injured, your insurance will immediately pay Personal Injury Protection benefits, usually medical expenses of up to $15,000 and lost wages of up to $3,000 per month. Additionally, you will have uninsured motorists coverage that will eventually provide additional compensation to you for your injuries.
- Q. we have joint custody, i want to take my son a vacation that will include 3 of his dads days, am I allowed?
- A: You are obligated to follow the terms of the court's judgment unless both parents agree otherwise. If the child's father won't agree to alter the schedule, then your only options are to ask the court to modify the judgment or you live with the terms of the judgment as it is written. You should carefully review your judgment, since there may be provisions in there that will assist you in trying to work out a mutually acceptable schedule. It is important that your child observes that both of his parents are willing to work together to solve issues like this. You may want to consider mediation to see if a compromise can be reached. If all else fails, then and only then should you ask the court to resolve the dispute.
- Q. My brother passed without a will, but wanted me to be the executor of his estate.
- A: You can petition the court to be appointed as the personal representative (executor) of your brother's estate. If he was not married when he died and his adult child does not affirmatively consent to your appointment, you have to give her written notice of your petition, and she will have an opportunity to object. If she doesn't object, then the court will appoint you as personal representative of the estate. Your brother's next of kin is adult child, and she will be entitled to serve as personal representative of the estate if she wants and assuming she is otherwise qualified to serve (and able to get a bond if necessary). If your brother was not married and had only one child when he died, his child will receive everything in the estate, after expenses of administration and claims of creditors are paid.
- Q. I just got divorced & the judge put my income as twice what it actually is to calculate child support. Is this legal?
- A: The judge has ruled and you are bound by the decision. You can appeal the judgment if the court's decision is not supported by substantial evidence and fewer than 30 days have elapsed since the judgment was entered. You may also file a motion to modify the order if your or the other parent's economic circumstances have substantially changed since the support order was entered.
- Q. i live in washington and my ex husband has custody of our children and they live in oregon...how do i appeal the custody
- A: Once a court makes a custody determination, that court has exclusive, continuing jurisdiction to make all future custody decisions regarding the same children. The only exception is if the children and both parents no longer reside in that state. You will therefore have to file your modification action in Oregon. If you want to appeal the Oregon court's judgment, you must file and serve a notice of appeal within 30 days of entry of the Oregon judgment.
- Q. My son was involved in a car accident on a rural road running the stop sign. The stop sign was covered by trees.
- A: I am sorry to hear of your son's accident. It is unlikely that your son would be charged with assault, and even more unlikely that he would be convicted of assault under the circumstances you describe. The others who were injured may have a claim against your son if he was negligent in causing the accident. Those claims, if brought, should be covered by your son's automobile insurance. Your son may have a claim against the landowner who allowed the trees to obstruct the view of the stop sign. If you have not done so already, you should consult with an experienced personal injury lawyer right away, and you should get pictures of the stop sign obstructed by the trees right away.
- Q. Unmarried father, on birth certificate, want to move my sons back to Cali where both sets of gparents are. No court ordr
- A: California and Oregon follow the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA). Under the UCCJEA, the state where the children have resided for the past six consecutive months is the state where any custody issues should be determined. If you move the children to CA, and within six months of the move the mother files a custody proceeding in OR, you likely will have to return to OR to argue about custody and parenting time. You should therefore consider establishing your custody rights in an OR court before you move. If the mother of the children does not file for custody in OR within six months after you have moved to CA, then after six months, the CA court will have jurisdiction under the UCCJEA to determine custody of the children.
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