Experienced West Seneca Lawyers

Chiacchia & Fleming, LLP is a litigation law firm servicing clients throughout West Seneca, NY

The West Seneca 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 West Seneca 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 West Seneca lawyers at Chiacchia & Fleming, LLP your first call.

Below are some common legal questions our West Seneca 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.

Does Homeowners Insurance Cover Recreational Vehicle Accidents?

As the weather gets nicer, more people are out and about in our communities – many of them utilizing recreational vehicles, ATVs, off-road vehicles, and things of that nature. I was recently approached by someone who had, unfortunately, been seriously injured as a passenger on someone’s recreational vehicle. They wanted to know whether they could bring a claim against their friend for the medical expenses brought on by their injuries, and the answer to that is question is yes.

What Should I Do If I Feel My Employer Is Treating Me Differently Than Other Employees?

I frequently get phone calls from people who feel as if they’re being treated differently from others at their workplaces. They may have been written up for doing something while someone else who did that same thing was not. They may have complained about being treated differently and been written up for doing so. They may not like the way their management is treating them as compared to the treatment their co-workers receive. The bottom line is that, in a lot of cases, it is totally lawful – though perhaps unfair and not dignified –for your employer to treat you and another co-worker entirely differently for no good reason. That’s just the way it is, and I have to say that to clients all the time.

On the other hand, it is not lawful for an employer to treat you and another employee differently because of your membership in what’s called a protected class, such as your gender, race, religion, whether you suffer from a disability, age, or national origin. In New York State, we also have extra levels of protection for familial status – whether you’re married or not – and sexual orientation. It’s totally lawful for your employer to treat you and a co-worker differently if it’s just because they like your co-worker better than you, but it’s not lawful for them to treat you differently because of your membership in a protected class. It’s important to get an attorney involved if you feel that’s happening.