Experienced Jamestown Lawyers
Chiacchia & Fleming, LLP is a litigation law firm servicing clients throughout Jamestown, NY
The Jamestown lawyers at Chiacchia & Fleming, LLP provide our clients with the highest quality legal services. Whether you are facing a sex abuse claim, slip and fall, car accident, dog bite, or construction accident case, our personal injury attorneys are here to fight for you. If you need legal counsel, make Chiacchia & Fleming, LLP your first call.
Chiacchia & Fleming, LLP has extensive experience in all matters related to personal injury. Chiacchia & Fleming, LLP boasts attorneys who are ardent trial lawyers, committed to representing the best interests of their clients. Using our vast legal experience, the latest technology, persistence and dogged determination, the award winning attorneys at Chiacchia & Fleming, LLP routinely achieve success for clients against the biggest law firms in the nation.
At Chiacchia & Fleming, LLP, our attorneys are experienced trial lawyers, committed to providing the highest quality legal services.
Using our vast legal experience, the latest technology, persistence, and dogged determination, we will achieve success for you and your family.
In the event that you need legal counsel, make the award winning Jamestown lawyers at Chiacchia & Fleming, LLP your first call.
Below are some common legal questions our Jamestown lawyers hear from clients:
How long to I have to file a claim for sex abuse?
According to the new Child Victims Act which became effective on August 14, 2019, a small window of time was created for bringing claims where the time limits for taking legal action already expired years ago. For these older claims you will have TWO YEARS, or until August 14, 2021, to bring a claim for any past sexual abuse that you endured whether it occurred 20, 30 or 50 years ago. Even if you had previously made a claim in the past which was denied, you can now reopen the case under the Child Victims Act. However, you will only have until August 14, 2021, to file your claim, so it is important to act fast and contact our sexual abuse attorneys right away.
This new statute applies to all perpetrators of sexual abuse, whether it be a pastor, coach, scout leader, or teacher. The organizations in which the perpetrators were affiliated can also be found financially responsible for your abuse. The Child Victims Act applies to any victim of sexual abuse who was under 18 years old when the abuse occurred.
These older claims require a substantial amount of investigation, so the quicker you can get us involved the better. If you are worried about your name being publicized, we can file your claim in a manner in which you remain anonymous. If you feel like you consented to the abuse, that does not mean you do not have a claim. Under the law you are incapable of consent until you are 18 years old. Consent by a minor is not a defense to sex abuse. THERE IS NO EXCUSE FOR SEX ABUSE!
How Do You Determine If You Have A Good Dog Bite Case?
A viable dog bite case is one in which it is possible to prove that the dog has demonstrated at least some vicious propensities. It’s even more helpful if the dog also looks vicious. That visual image tends to help the bite victim’s case. I believe it has much more jury appeal when, instead of a little toy poodle that rips into someone’s face, the dog involved is a Rottweiler or a pit bull.
When it comes to setting up the liability for your case, it’s important to be able to show that you, as the client, did nothing wrong that could have caused that dog to act the way it did. In other words, you were just minding your own business, or you just reached down to pet the dog, and the dog attacked you. Showing those two things – the dog’s propensity for viciousness and that you didn’t do anything wrong – are a couple of important factors that we look for when going forward with a dog bite case.
Can You Still File An Motorcycle Injury Claim If You Weren’t Wearing A Helmet?
Clients sometimes ask whether they can still proceed with a motorcycle claim if they weren’t wearing their helmet. Although we always encourage our clients to wear helmets for their own protection and safety, it is still possible to bring a claim in situations where you’re injured on a motorcycle while you weren’t wearing your helmet.
Depending on the nature or extent of your injuries, and which body parts were injured, your damages may not be affected by whether or not you were wearing a helmet at the time. You shouldn’t limit yourself by deciding against bringing an action because you weren’t wearing a helmet. Instead, reach out to a lawyer, have them conduct an investigation, order your medical records, and get the facts of your case. Then, you can see whether or not failure to wear a helmet really makes a difference. Of course, we always encourage everyone to be safe on the roads and wear their helmets.