Experienced South Buffalo Lawyers
Chiacchia & Fleming, LLP is a litigation law firm servicing clients throughout South Buffalo, NY
The South Buffalo 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 South Buffalo 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 South Buffalo lawyers at Chiacchia & Fleming, LLP your first call.
Below are some common legal questions our South Buffalo 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 Should I Do If I’m Experiencing Sexual Harassment in the Workplace?
Sexual harassment occurs in the workplace, and people contact us. Sometimes, I have conversations with people who are literally in being sexually harassed in their workplace at that time, and they’re wondering what to do about it. Under current laws, co-worker sexual harassment is treated differently than sexual harassment by one’s boss. A boss is in a position to hire or fire you. A boss also has the power to change your job duties, title, and wages, and other job-related factors. Sexual harassment by a boss often binds the employer, just as if the employer himself were doing it. If the offending party is a co-worker the case is treated a little bit differently. In other words, the employer gets a little larger slice of the apple; they get a little bit more of a second bite, so to speak.
If harassment is currently happening in the workplace, I often say to people, “Either you need to leave there because you could be negatively affected by it mentally. Otherwise, you need to complain about it to someone.” Perhaps your complaint should come through a lawyer. You might come see a guy like me, and I would send a note or letter to the employer on your behalf, saying, “I’m representing Mrs. Smith. Mrs. Smith is subject to illegal sexual innuendo and inappropriate sexual conduct in the workplace.”
Most employers have a sexual, racial, or general harassment policy, and it is important that you comply with that policy because the employer has the right to claim a defense and say, “We didn’t know Sally was being mistreated down in shipping because Sally didn’t bring it to our attention.” If the issue hasn’t been brought to the attention of the employer, that employer often gets off the hook, even though you’ve been subjected to negative racial, religious, or sexual harassment.
How Long Do You Have To File A Personal Injury Case?
People want to know how long they have to bring their case or to file their claim. The answer to that is, “It depends.” Lots of factors are in play. How were you injured? Where were you injured? Who injured you? The length of time to initiate an action can be different depending on the answers to those questions. That’s why it’s important to seek counsel right away. That way, your attorney can preserve your claim and make sure it gets filed in time. If your claim isn’t filed before the relevant statute runs, you’re out of luck.