Bamieh & De Smeth remains open and we are working our regular hours, as well as available for emergency after hour phone calls during the COVID-19 crisis. We are answering all phones and responding to all phone calls during business hours, and our Attorneys are available for consultations and to discuss your legal issue. If you have a legal issue, please call for your free consultation today.

PHONE : (805) 585-5056

CALIFORNIA PERSONAL INJURY AND CRIMINAL DEFENSE LAW BLOG

Bamieh Erickson Law – Southern California

Our Lawyers Fight For The Rights Of Southern Californians Every Day.

Brave New Legal World

Brave New Legal World

About five weeks ago was when I first heard of the coronavirus.  At that time, it was just a problem in China.  They shut down a city where it originated and it seemed like one of those tragedies in a distant land that you read about and tell your wife, that is real unfortunate.  Flash forward a few weeks later and my city, county, state, and country now call it COVID-19 (which sounds so much worse than coronavirus), it prevents you from eating out or socializing with your neighbor, and it has shut down commerce and the courts in California.  Now it’s common place for me to order dinner online, pay with a credit card, and then have it delivered by a person who drops my family’s dinner at the front door like it’s a ransom payment.  We are all (or supposed to be) sheltering in place, which basically means stay home with your family and don’t get within 6 feet of anyone who doesn’t share your address. How COVID-19 (Coronavirus) Is Affecting Law Just like all of our personal lives, the legal profession has also changed overnight.  Courts are closed but for a few courtrooms which are reserved for criminal arraignments (where charges are presented, and pleas are entered) and some emergency orders (like restraining orders).  Most cases were continued automatically without an appearance by a lawyer or client and lawyers are being told to stay out of the courthouse.  For the first time in the 28 years I have been practicing law courthouses closed for three days during a work week.  The presiding judge called those days...
What Should I Do After I Have Been Injured in...

What Should I Do After I Have Been Injured in...

If you or a loved one was injured in a car accident in California, you may be entitled to compensation. At The Law Offices of Bamieh and De Smeth, PLC, our California car accident lawyers can help you obtain the compensation you deserve for your losses following an accident. Our Ventura car accident lawyers can help you understand how to handle your crash and personal injury claim after a collision in California. Steps to Take After Being Injured in a Car Accident in California After being involved in a car crash in California, it’s easy to feel confused, stressed, and overwhelmed. This is especially true for people who have been injured in an accident. While it’s understandable to feel despaired in such situation, there are things you need to do. Some of the measures you should take after a car accident are: Don’t Abandon the Scene One of the worst things you can do after being involved in a crash in California is abandoning the crash scene. No matter the magnitude of the collision, you should stay at the scene and make sure you and those involved in the accident are okay. Abandoning the scene can lead to “hit and run” charges, which can have severe consequences over your life. Call 9-1-1 After an accident, safety should be of utmost priority. If you are able to, make sure to call 9-1-1 and report the crash. This emergency service system will dispatch a unit to the crash site and tend to your injuries and the injuries of those involved in your accident. Calling 9-1-1 is essential to make sure your...
Should I Settle with the Insurance Company?...

Should I Settle with the Insurance Company?...

Settling with an insurance company after being involved in an accident is something people may struggle to understand. Insurance companies are well aware of the complexities embedded in their policies and, most of the time, take advantage of this and use it against you. This can mean using every tactic available to provide as little compensation as they can. However, there are ways you can get the compensation you deserve by taking your case to court. Our skilled, dedicated, and experienced personal injury attorneys at Bamieh and De Smeth PLC can help guide you through your best options. Keep reading from our Ventura personal injury lawyers about how to negotiate a settlement with the insurance company for your accident injuries and if settling is the best option. Negotiating a Settlement with an Insurance Company After an Accident Dealing with an insurance company after an accident, such as a car crash, is standard practice.  Injured victims often go against the at-fault party’s insurance company to get compensation for their losses. During this time, you and the other party’s insurance company will enter into a negotiation process to settle your claim. These types of settlements are also common. Most insurance companies offer a settlement to the victims because they want to keep the situation out of court. There may be situations where an insurance company can provide you with a settlement that may seem too low compared to what you would otherwise obtain through a formal claim with the court. A Ventura car accident lawyer may be able to hellp in this situation. Before you accept any off-court offer from the...
What If a 50/50 Custody Parent Blocks Visitat...

What If a 50/50 Custody Parent Blocks Visitat...

If you or a loved one is having problems exercising visitation rights, we may be able to help. Some parents may go through the unfortunate experience of having their visitation dates blocked by the other parent. In such situations, you may be confused regarding how to proceed. At the Law Offices of Bamieh & De Smeth, PLC, we can help you defend your custody rights. Our experienced Ventura child custody lawyers are here to explain what parents should do if the other parent is blocking their visitation rights in a 50/50 or joint custody agreement in California. What to Do If My Spouse Blocks My Visitation Dates in California The divorce process can be one of the most challenging and contentious legal procedures out there. Divorce not only deals with the division of assets (often involving lengthy legal disputes), but it also often involves the concession of custody over the children. Unfortunately, many couples cannot reach a consensus in terms of which spouse will retain custody of their children. In such situations, the court may intervene and decide which of the parents will retain custody over their children and which will have visitation rights. No matter the decision, the final custody determination must be followed as instructed by the courts. Despite being a legal determination, some people refuse to follow the court’s instructions and block the other parent from exercising their visitation rights. In some cases, a parent might decide to prevent their spouse or former spouse from seeing their children altogether. If you are a parent of 50/50 custody in California, you are entitled to see your children...
How Much Does It Cost to File for Separation ...

How Much Does It Cost to File for Separation ...

While nobody enters into a relationship expecting it to end, couples still break up for different reasons. Every year, thousands of couples end their marriages through various legal procedures such as a divorce, annulment, or legal separation. However, all these legal options for marriage dissolution have costs called “court fees.” This means that if you are requesting a legal separation in California, you will need to pay a court fee for your case to be heard. The Ventura legal separation lawyers at the Law Offices of Bamieh & De Smeth, PLC, invite you to keep reading as we further discuss the costs associated with legal separation and explain how it differs from other marriage dissolution options. How Much Will Filing for Legal Separation Cost Me in California? Legal separation is a standard process involving the termination of a couple. Different from a divorce, legal separation allows a married couple to live separately while maintaining their “married” status. During a legal separation, couples retain the same responsibilities and obligations even though they no longer live together. Moreover, the now-separated spouses keep the same rights. This process can be overwhelming for couples who are filing for legal separation for the first time. If you are filing for legal separation in California, you may wonder how much it will cost you. California has what is known as the Statewide Civil Fee Schedule. Within this listing, you can find the costs associated with court fees. Generally, the fee for filing a legal separation petition with the court will be $435. This fee applies not only to the filing but also to any response...
Under What Circumstances Can You Get Alimony ...

Under What Circumstances Can You Get Alimony ...

When a couple gets divorced, the court may order alimony or spousal support.  If one of the spouses needs additional economic support, alimony can help them on a temporary basis or as part of an ongoing support system.  However, your economic situation might change after divorce, and the factors used to decide how much alimony to grant might not be the same months or years after the divorce.  The Santa Barbara divorce lawyers at the Law Offices of Bamieh and De Smeth discuss some of the ways you can get alimony changed after a California divorce.  For a free legal consultation on your case, call our law offices today. Reasons a Court Will Change Spousal Support Payments Section 3651 of the California Family Code authorizes a court to modify or terminate a spousal support order “at any time as the court determines to be necessary.”  This gives the court wide latitude to change support orders when either side presents the court with a good reason to change the order. Typically, courts will look for changes to the initial alimony factors that the court uses to make alimony decisions.  Courts typically look at a series of factors such as the parties’ health, income, marketable job skills, time spent caring for minor children, and other factors that affect how much money they have and their ability to work.  When the court sets spousal support, they will use these factors to justify their decision.  If these factors change, the court’s reasoning behind the support order will also change, and the court should modify the spousal support order. Typical reasons someone might want...
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