Has your business been sued under the Americans with Disabilities Act (ADA)? Here are some frequently asked questions regarding ADA lawsuits:
Q: Why should I hire an attorney?
A: An ADA attorney can provide advice on the correct repairs and modifications necessary to resolve the matter in a timely fashion. On the one hand, doing too much is a waste of money; on the other hand, not doing enough subjects the client to future lawsuits. In addition, an ADA lawyer will likely save you thousands of dollars in obtaining discounts for early action/modification, thousands of dollars in unnecessary court costs, thousands of dollars by getting the best negotiated settlement (if a settlement is required), and thousands of dollars by avoiding mistakes in settlement agreements. These savings, taken together, can amount to tens of thousands of dollars.
Q: Does it matter if the law firm is not located close to my property?
A: No. Most ADA matters can be resolved without personally meeting with the attorney, so we can handle matters throughout southern California.
Q: When should I contact an ADA attorney?
A: You should contact an attorney once you have been served with a lawsuit, or as a precautionary measure, if you are being threatened with a lawsuit. The ADA attorney ensures the correct timing. This can save clients thousands of dollars in penalties. Some penalties can be reduced or eliminated if the modifications are completed within a certain time.
Q: What if it has been weeks since I was served with the lawsuit?
A: You should contact an ADA attorney immediately, as the attorney may be able to obtain, and properly document, a court extension of time to file an answer with the Court. This can save you thousands of dollars in unnecessary court and litigation costs. Whereas, a delay in responding to the lawsuit could result in a loss of your rights.
Q: Will I have to defend the lawsuit in court?
A: Our ADA attorneys almost always obtain a settlement without our clients having to go to court. We have negotiated with almost all of the Plaintiff’s law firms, avoiding litigation and the costs associated with it. We have a very good idea of the “bottom line,” and can usually get the best settlement, saving our clients thousands of dollars.
Q: Why shouldn’t I settle the matter on my own?
A: An experienced ADA attorney will be in the best position to get the best settlement, sometimes with no payment to the Plaintiff. Moreover, once an agreement has been reached, as part of our services, our ADA attorneys will review and modify the ADA Settlement Agreement, as necessary. If the Settlement Agreement is not properly worded, the client may be faced with future litigation expenses for an alleged breach of the ADA Settlement Agreement, costing the client thousands of dollars.
Q: How can I avoid future ADA compliance issues?
A: An ADA attorney can provide general advice, if requested, regarding the need to update lease agreements, and in ways to keep your property in compliance. This will ensure that all interested parties share the appropriate costs of ADA compliance in the future consistent with their rights under the lease, and also that the landlord is in compliance with the new ADA disclosures now required in commercial leases.
If you or someone you know is involved in an ADA lawsuit, please Contact our office.