Background - Lawsuit Process

Initiating an ADA non-compliance lawsuit involves a meticulous process, typically beginning with an individual experiencing harm, discrimination, or denial of access at a business establishment. To set the legal proceedings in motion, the plaintiff takes the initial step of sending a demand letter to the defendants, outlining the potential ADA violation and seeking corrective action. Following the demand letter, two potential trajectories unfold: 1) the business extends a settlement offer, or 2) the legal process advances further. In the event of the latter, the plaintiff proceeds by filing a lawsuit, opting for either state or federal court.

While a plaintiff has the option to pursue legal action in either state or federal court, there is a notable incentive to choose California state court due to its provision of punitive damages for ADA plaintiffs. Conversely, many steer clear of federal court because it lacks financial incentives — as most judges tend to dismiss numerous ADA-related claims, and the overall experience and expertise in handling such cases can be lacking, leaving judgments more ambiguous. Irrespective of the chosen legal avenue, the fundamental legal process remains similar.

Post-lawsuit filing, both parties convene for a court hearing where the plaintiff elucidates the grounds of the lawsuit, followed by a response from the defense. During this juncture, the judge may opt to extend the hearing, encourage a settlement, proceed to trial, or dismiss the case. Should the case go to trial, the judge or jury delivers a verdict. If the plaintiff prevails, the subsequent step involves determining the compensation amount they are entitled to. However, the legal journey, spanning months of preparation, is not without significant expenses. The preparation phase often includes deposing involved parties, and to test potential arguments, some attorneys may even opt for mock juries or trials. After months of arduous preparation and the trial itself, the verdict is rendered, concluding the extensive legal process that both parties have navigated, each incurring substantial costs throughout the duration of the case.