FAQ: Filing an ADA Lawsuit

WHAT IS INVOLVED IN BRINGING AN ADA LAWSUIT?

State and Federal laws encourage victims of discrimination to enforce their rights. Your

actions can make California more accessible. Often quite quickly! Additionally, you are

entitled to money as a result of having experienced the barriers.

WHAT MAKES A GOOD CASE?

In general, a strong case is one where you’ve personally encountered a barrier to access

at a business that can afford to remove the barrier. Evidence of discrimination can be

helpful, such as photos of the barrier, receipts showing you were at the business, or any

witnesses that might have been with you.

I CAN’T AFFORD A LAWYER. AREN’T LAWSUITS EXPENSIVE?

State and federal law requires that law-breaking businesses pay your legal fees when you

win. As a result, Seabock Price generally does not charge clients for our services. You

can file a claim with no out of pocket expenses and we are paid out of your settlement.

ISN’T THIS THE GOVERNMENT’S JOB? WHY DON’T THEY ENFORCE THE LAW?

The ADA was designed expecting disabled individuals to ensure that the law is

enforced. While the Department of Justice is able to enforce the law, the budget for those

cases is minimal and targeted at “example” cases, filing just a handful of cases per year.

IF I BRING A CLAIM, WHAT WILL I HAVE TO DO?

Every case is different, many cases with obvious barriers will resolve quickly without

you having to do anything other than file the claim. But you should be prepared to

comply with court orders, such as potentially visiting the business with your lawyers, or

attending court hearings. You should also return to the business after the lawsuit to

make sure the business complies with their obligations. If you are represented by

Seabock Price and required to attend any court-related matter, you will be accompanied

by an experienced attorney who will make sure you are prepared and protected.

WILL I GET ANY MONEY FROM MY CASE?

In most cases, you can obtain up to $4,000 for each time you encounter barriers to

access. In situations where you’ve been repeatedly discriminated against, or you’ve been

prevented from going to a place you wanted to go, this number can get larger.

WHO IS ALLOWED TO BRING ADA LAWSUITS?

Only people with disabilities are allowed to bring claims. You must be aware of the

inaccessible condition and have it affect you in some way. For example, you might have

trouble finding a compliant parking space, or you may have difficulty navigating narrow

shopping aisles. Any condition that denies you the same privileges as other customers is

a violation of federal law.

SHOULDN’T I ASK THE BUSINESS TO MAKE THEMSELVES MORE COMPLIANT FIRST?

The law generally doesn’t require you to demand equal treatment. The ADA was signed

in 1990. Thirty years is long enough! These conversations can also become

confrontational and put you at risk. However, some individuals are more comfortable

asking for compliance first. Seabock Price supports any approach that makes you feel

comfortable.

IS THERE A LIMIT ON HOW MANY CLAIMS I CAN FILE?

No. ADA lawsuits bring thousands of California businesses into compliance with the

law every year. You have a Constitutional right to sue to enforce the ADA and the

courts recognize it is “necessary and desirable for committed individuals to

bring…litigation advancing the time when public accommodations will be compliant

with the ADA."

HOW CAN I GET HELP WITH A CLAIM?

You can contact Seabock Price to evaluate your claim at 323-616-0490, or

info@seabockprice.com.