Experienced Lackawanna Lawyers
Chiacchia & Fleming, LLP is a litigation law firm servicing clients throughout Lackawanna, NY
The Lackawanna 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, sexual harassment, 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 was established in 1998. Our lawyers have extensive legal experience in matters related to sex abuse, personal injury, as well as labor and employment. Ninety-five percent of our legal practice in Lackawanna is devoted to litigation.
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 Lackawanna lawyers at Chiacchia & Fleming, LLP your first call.
Below are some common legal questions our Lackawanna lawyers hear from clients:
How long to I have to file a claim for sex abuse?
According to the new Child Victims Act enacted on August 14, 2019, you have until your 55th birthday to file a claim against a pastor, coach, scout leader, teacher or the organizations they were affiliated or working with. Even if the perpetrator has passed away, you can still bring a claim against that organization. If you are currently age 55 or over, you will have one year from the enactment date, or until August 14, 2020, to bring a claim for any past sex abuse you endured. This small window of time is to reopen the possibility of bringing claims for those whose statute of limitations expired years ago. Even if you had previously made a claim in the past which was denied, you can now reopen the case under this new law. 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.
What If My Supervisor At Work Is Engaging In Inappropriate Conduct?
Sometimes a client will call because they have a supervisor at work who’s behaving inappropriately. My first question for them is always, “Well, what do you mean by inappropriate?” A lot of times, people are just working for a jerk and, while that’s unfortunate, it’s not unlawful for your boss to be mean, act like a jerk, or behave inappropriately – in the sense that they’re doing something you don’t like. If their conduct rises to the level of sexual harassment, harassment, or inappropriate behavior on the basis of your gender, race, religion, age, or whether you suffer from a disability, those types of things and conduct targeted at that stuff is totally against the law. You should reach out to an attorney right away to stop that conduct and protect your interests.
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.