Experienced Orchard Park Lawyers

Chiacchia & Fleming, LLP is a litigation law firm servicing clients throughout Orchard Park, NY

The Orchard Park 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 Orchard Park 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 Orchard Park lawyers at Chiacchia & Fleming, LLP your first call.

Below are some common legal questions our Orchard Park 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 Employer Is Treating Me Differently Based On My Religious Beliefs?

Once in a while, I’ll get a call from someone who claims to have been treated differently because of their religion. Fortunately – at least in my experience here in Western New York – this issue hasn’t come up very often. I do get a few calls – I don’t think they amount to more than six or eight, calls a year – about religious discrimination. The calls I’ve received as of late have been from Muslim-Americans who call to say, “It seems like, in the workplace, I’m not getting a fair shake.” Historically, I’ve also received a number of calls from people I’ll call devout Christians or strict Catholics who say, “People are picking on me because of my religion.”

Religious harassment is treated similarly to sexual or racial harassment. If somebody is being mocked or otherwise mistreated in the workplace because of their religion, they have a potential claim. I don’t see many claims, nor have I had many experiences with people losing their jobs over their religion, but it’s not unheard of. The key in these cases is that a person can’t be treated differently because of their religion, and they must not be harassed because of their religion. If that occurs, the same principles and the same case law decisions apply as would be applicable in a racial discrimination claim.

Can I Settle My Personal Injury Case Without Going To Court?

Many clients ask whether they’re going to have to go to trial or whether it is possible that their case could be resolved without the need for going to court. The answer to that question, I’m happy to say, is that we’re often able to achieve great results for our clients without the necessity of trial, or even having to commence litigation or bring a lawsuit – or two – before it becomes necessary to try the case in front of a jury. Yes, it is often possible to resolve your claim without going to court – but not always. Some cases need to be tried and, in those cases, we stand at the ready.