When You Are Served, You Must Act Quickly!
If a pending ADA lawsuit has been filed against your property or business and you have been officially served with that complaint you have 20 days from the date of service to file an answer to that complaint or other responsive pleading, otherwise you can face a default. Within that 20 day period, unless an extension can be agreed to by the parties, it is highly recommended that you hire an ADA Compliance Expert as part of your defense team that will work closely with The ADA Defense Clinic, A Law Firm in ultimately resolving the issues presented in your case to disposition. As stated in other areas of this site, The ADA Defense Clinic, A Law Firm in Florida utilizes ADA compliance experts who can help you identify barriers and remove them, coming into compliance with the ADA.
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The ADA Defense Clinic, A Law Firm will represent your interests in federal court and work with plaintiff’s attorney for a speedy resolution of your case in the most cost effective means possible, or will vigorously defend the case in federal court, depending on your perspective of how you wish to proceed after consultation.
If an ADA lawsuit has been filed against your property or business, but you have not yet been officially served with that complaint by plaintiff, you will still need to prepare for the above described events being triggered upon your official service of the complaint. So, you have a little bit more time to prepare, but the amount of additional time that you would have to prepare would be uncertain.
If an ADA lawsuit was filed against you previously and you settled that case, you need to know that plaintiff and/or plaintiff’s attorney will monitor your ADA compliance pursuant to your agreement, and will be monitoring other separate non ADA compliance violations with your property or business, not delineated in your original settlement agreement. In short, it is common practice for ADA plaintiffs to ‘hold back’ certain violations viewed for future use in future ADA complaint filings. If you or your business are in the waiting period for ADA compliance specified in your settlement agreement, you should still schedule a free consultation with The ADA Defense Clinic, A Law Firm, where your previous settlement agreement can be examined along with your progress toward ADA compliance. It may be recommended following that consultation that you have an ADA compliance inspection by a defense expert in order to adequately and completely identify the ADA compliance violations that still exist at your property or business so that you can have time to deal with them on your time schedule and before you are sued again and again for failure of ADA compliance.
If an ADA lawsuit has not been filed against you and you know that you have never made modifications to your property or business to make it ADA compliant, chances are that it is only a matter of time until you are sued in federal court by an ADA plaintiff. ADA plaintiffs are actively in the community on a daily basis looking for potential business or property targets for ADA lawsuits. That’s right your business or property will be targeted in advance by an ADA plaintiff in conjunction with their attorney. You should prepare for that day in advance by scheduling a free consultation with The ADA Defense Clinic, A Law Firm so that you can address ADA compliance issues in advance of a filed lawsuit, and on your terms, rather than being made to address these issues in an untimely manner, which may present a multitude of problems for you. If you have the time, it’s always better to address these issues head on and on your own terms.