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 aggressive, and effective legal services. Whether you are facing drunk driving, or harassment charges, or you have been seriously injured in a slip and fall, auto accident, or construction accident, our experienced lawyers are here to fight for your rights.

Chiacchia & Fleming, LLP was established in 1998. Our lawyers have extensive legal experience in matters related to personal injury, labor and employment, and criminal defense among other practice areas. 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 representing our Orchard Park clients in an aggressive and efficient manner.

Using our vast legal experience, the latest technology, persistence, and determination, we will achieve success for you and your family.

In the event that you need legal counsel, make Chiacchia & Fleming, LLP your first call.

Below are some common legal questions we hear from our Orchard Park, NY clients:

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 You Refuse A Field Sobriety Test in Orchard Park? 

Sometimes, in conversation with friends, family, or clients – or just talking with people in our community – I’m asked this question, “If I’m stopped for drinking and driving and questioned by an officer, do I have to take the field sobriety test?” My answer to that question is, “No, you don’t have to, but you always want to be cooperative, and compliant, and listen to the officer who pulls you over because they’re charged with a really hard job every day – to be out on the road keeping us safe.”

While you don’t want to be difficult, you do want to keep in mind the fact that, once they stop you and ask you to get out of your car you’re not getting back in your car. You’re going to be arrested. At that point, whatever the officer asks you to do in terms of a field sobriety test provides evidence that can be used against you in a criminal prosecution. Be polite and deferential, but don’t be afraid to refuse to do anything if you don’t think the results will be in your best interest.

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.