You open your email and there it is — a demand letter from a law firm claiming your website violates the Americans with Disabilities Act. Your stomach drops. What does this mean? Do you have to pay? Can you fight it?
This scenario plays out thousands of times every year. Here's a clear, honest breakdown of what happens — and what your options are.
Step 1: The demand letter
Most ADA website cases begin not with a lawsuit but with a demand letter. A plaintiff's attorney sends this letter claiming that a person with a disability (usually a blind user relying on a screen reader) was unable to access your website.
The letter typically demands that you:
- Acknowledge the accessibility barriers
- Commit to remediating the site within a specific timeframe
- Pay a settlement to cover the plaintiff's damages and attorney's fees
Step 2: Your response options
Once you receive the letter, you generally have three paths:
Option A — Settle quickly: Most ADA website cases settle out of court. The typical settlement for a small to mid-size business ranges from $5,000 to $25,000 plus a commitment to fix the site. Settling fast usually costs less than fighting.
Option B — Negotiate: You can push back on the settlement amount, negotiate a longer remediation timeline, or challenge specific claims. An attorney experienced in ADA defense can help reduce the figure significantly.
Option C — Fight it in court: This is expensive and rarely worth it for most businesses. Even if you win, you'll spend more on legal fees than the settlement would have cost. Courts have generally ruled in favor of plaintiffs in these cases.
Step 3: What a lawsuit actually costs
| Scenario | Typical cost |
|---|---|
| Quick settlement (small business) | $5,000 – $15,000 |
| Negotiated settlement (mid-size) | $15,000 – $40,000 |
| Full litigation (going to court) | $50,000 – $150,000+ |
| Fixing the website proactively | $500 – $5,000 |
The math is clear: fixing your website before you get sued costs a fraction of what it costs after.
Step 4: Fixing the site during a case
Even if you're already in a lawsuit, remediating your website immediately is critical. Courts look favorably on defendants who take swift action to fix accessibility issues. It demonstrates good faith and can significantly reduce damages.
Document every fix. Keep records of what was broken, when you fixed it, and what the site looks like after remediation. This documentation is valuable evidence in settlement negotiations.
Who gets sued most often?
Certain industries are targeted disproportionately:
- E-commerce — online stores with inaccessible product pages and checkout flows
- Hospitality — hotels and restaurants with booking systems that screen readers can't navigate
- Healthcare — patient portals and appointment systems
- Law firms — ironically, legal websites are among the least accessible
- Financial services — banks, insurance companies, and fintech platforms
The best defense is prevention
The single most effective thing you can do is fix your website before you receive a demand letter. Running a free accessibility audit takes 30 seconds and shows you exactly what's broken.
Find out if your site has the violations that plaintiffs' attorneys look for first. No signup, instant results.
Scan your website at webpossum.com
If you've already received a demand letter, contact Raphael at hello@webpossum.com. We can run a full audit, document your existing issues, and provide a remediation report that demonstrates good faith to the opposing counsel.