Experienced Western New York Lawyers

Chiacchia & Fleming, LLP is a litigation law firm servicing clients throughout Western New York

The Western New York 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 Western New York 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 Western New York lawyers at Chiacchia & Fleming, LLP your first call.

Below are some common legal questions we hear from our Western New York 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 Can I Do if My Supervisor is Engaging in Inappropriate Conduct?

It is not unlawful for a boss to be mean or behave in an irksome manner. If the boss’s conduct rises to the level of sexual harassment, harassment, or inappropriate behavior on the basis of your gender, race, religion, age, or disability, that conduct is against the law. You should reach out to an attorney right away if you find yourself in this situation in order to stop that conduct and protect your interests.

Can My Motorcycle Insurance Help Me with Medical Expenses?

As the weather in Western New York breaks, we’re starting to see some good, warm weather. That presents the perfect opportunity for people in our communities to begin driving their motorcycles and enjoying that weather. Part of what that means, unfortunately, is that we will begin to see a lot more accidents involving motorcyclists.

As a motorcyclist, you need to know that, when you are injured in a motorcycle accident, you are not ordinarily covered by no-fault. That means you would have to pay for any medical costs incurred for injuries sustained in a motorcycle accident – either directly or by using your private health insurance – unless you purchase specific additional coverage to cover injuries that occur while you’re operating your motorcycle. If you are a motorcyclist who intends to enjoy the motorcycle season here in Western New York, you must make sure to consider talking with your insurance agent or contacting your insurance company about purchasing additional coverage that will pay your medical bills through your motorcycle insurance, as opposed to personal insurance, if you are involved in an accident.