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Elite ADA Defense for Your Business
Serving all of Southern California, we defend you, your business, and your property in the most difficult and complex Americans with Disabilities Act (ADA) litigation. Call now, and let us prove why we’re the right legal team for you.
Learn MoreThe Four Horsemen of ADA Lawsuits
Thousands of Southern California businesses have been targeted by one of these four firms: Manning Law, Hakimi & Shahriari, Potter Handy, or So. Cal. Equal Access Group. We've successfully defended our clients against all of them.
Learn MoreADA Litigation
ADA claims are on the rise in Southern California, and any business could become a target. Wade Miller Law is dedicated to assisting you with pursuing the most cost effective strategy for resolving your case.
Learn MoreADA Lawsuit Prevention
Staying compliant with ADA regulations can be difficult, and many business and property owners are unaware of the potential liabilities. Being proactive can help you avoid costly lawsuits. Call to speak with a CASp-certified expert about accessibility standards.
Learn MoreOur Client Testimonials
Disability Lawsuits: Advocacy or Shakedown?
Thousands of lawsuits are filed every year to improve access for people with mobility and other challenges, but some critics call them a shakedown. When just four firms are responsible for more than 90% of all such cases filed each year, it's easy to see why.
Meet the Four Horsemen of ADA Litigation
- Manning Law
- Hakimi & Shahriari
- Potter Handy
- So. Cal. Equal Access Group
These four firms, who each represent a small handful of serial litigants, account for the vast majority of the thousands of ADA-related lawsuits filed against California business and property owners every year. In fact, some of the firms in the list above are so prolific, they file an average of 7 new cases...every day!
The serial plaintiffs they represent call themselves "testers," and claim to seek to ensure that businesses are in compliance with accessibility rules. Not just the pyhsical space around your parking lot, building, or storefront, but even your website. Whether or not their claims are meritorious, the defendant businesses are forced to respond and, sometimes, pay tens of thousands of dollars to settle the case.
Have you been targeted by one of these four firms? You're not alone.
Call now to get help
(424) 272-1570So, You've Been Sued. Here's What to Expect Next.
Critical information you need to know in order to effectively defend yourself, your property, and your business.
Receiving the Complaint
The first step in the ADA lawsuit process is receiving a formal complaint. This usually comes in the form of a letter or legal document that outlines the specific allegations regarding non-compliance with the Americans with Disabilities Act.
It's crucial to act promptly upon receiving an ADA complaint, as ignoring it can lead to default judgments, which can be costly and harmful to your business. Typically, you'll have 21 days to respond to the complaint. Your first step should be to contact an experienced ADA defense attorney who can assess the complaint and develop a strategy. Your attorney will help determine which, if any, of the claims have merit and the appropriate response. Taking immediate action ensures that you don't miss any important deadlines and have time to put together a proper defense. Keep records of all communications and documents, as these will be important for building your case.
The Initial Response
Once you have an attorney, your lawyer will help you craft an initial response to the complaint. This response, called an "answer," is filed with the court and either admits, denies, or claims a lack of knowledge about the allegations.
Your attorney will evaluate the specific claims made in the complaint to determine the best response strategy. The answer must be carefully crafted, as it will serve as your official stance on the allegations, which could impact your defense later. In some cases, your attorney may also file preliminary motions, such as a motion to dismiss, if there are grounds that the complaint is legally insufficient or frivolous. This is an important stage to establish your position and potentially reduce the scope of the litigation early on. Additionally, your attorney might attempt to negotiate directly with the plaintiff to explore an early resolution and minimize legal costs.
Discovery Phase
Discovery is the process where both parties exchange information related to the case. This can include requests for documents, interrogatories (written questions), depositions (oral testimony), and site inspections.
During discovery, you will be asked to provide any relevant information, including records related to the accessibility of your property, communications, and any efforts you've made to comply with ADA standards. Your attorney will help you understand what is required and will manage the process to ensure all deadlines are met. It's important to be cooperative and thorough, as missing documents or failing to respond to interrogatories can weaken your position. At the same time, your attorney will gather evidence from the plaintiff, which can help assess the credibility and strength of the allegations against you. A well-prepared discovery phase is crucial for building a strong defense and identifying opportunities to resolve the case favorably.
Dismissal, Settlement, or Trial
Most ADA cases are resolved before trial, either through dismissal or settlement negotiations. Settlement might involve making accessibility changes, or it could mean paying a negotiated amount.
Your attorney will work to negotiate the best possible outcome, and settling often means avoiding the high costs and uncertainty of a trial. Settlements can include an agreement to make specific improvements to your property to meet ADA standards, which may help you avoid additional lawsuits in the future. If there's no dismissal, or a settlement can't be reached, the case will proceed to trial, where each side presents its arguments and evidence. During the trial, the judge (or jury) will determine whether your business violated ADA regulations and decide on the necessary remedies, which could include financial penalties and corrective actions. Trials are typically more time-consuming and costly, but in some cases, they may be necessary if the plaintiff is unreasonable or if there are strong defenses to the allegations.
We can help. Call now.
(424) 272-1570