Experienced Blasdell Lawyers
Chiacchia & Fleming, LLP is a litigation law firm servicing clients throughout Blasdell, NY
The Blasdell 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 Blasdell 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 Blasdell lawyers at Chiacchia & Fleming, LLP your first call.
Below are some common legal questions we hear from our Blasdell, NY 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.
How Much Is My Personal Injury Case Worth?
One of the most ubiquitous questions we’re asked by clients is, “How do you determine how much my case is worth?” To that, all I can reply in good faith is that it’s determined on a case-by-case basis. I have to look at each individual’s details. I won’t just say, ”Okay. This is a broken arm. It’s worth this much.” Why? One person’s broken arm may be worth a lot more than another’s – especially if, before the injury that person was much more active, is now unable to do their job any longer, or can no longer pursue many of the other activities they previously enjoyed. In our firm, every case is evaluated on a case-by-case basis.
When I see commercials on TV in which people ask, “What is your case worth?” I really think those are solicitations for clients like ours to go somewhere else for a second opinion. In those situations, people should realize that the actors they see on TV aren’t really the people who were injured. When I see a client who won a three- or four-million-dollar recovery, I know it’s because that person was seriously hurt, and they’re not going to be seen smiling and dancing on TV about it. That’s for sure. Usually, when an insurance company pays out that kind of money on a claim, the person was very seriously injured. It’s no laughing matter, and it shouldn’t be taken lightly by anybody.
How Can I File A Complaint Against My Employer?
I represent many clients who have been unlawfully terminated or treated unlawfully at work. People want to know where they can bring those types of claims against their employers, and you could take advantage of several avenues to do that. You can file a claim with the EEOC – our Equal Employment Opportunity Commissions – through the federal government. There’s also the Division of Human Rights, a state agency. You can bring a claim in New York State or you can bring your claim in federal court. There are lots of nuances, rules, and administrative requirements involved in bringing a claim against an employer, so it’s extra important to get an attorney involved so they can preserve your rights and bring your claim in the best place to obtain the best result.