We are independent & ad-supported. We may earn a commission for purchases made through our links.

Advertiser Disclosure

Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.

How We Make Money

We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently from our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.

How do I File a Disability Lawsuit?

By Angela Farrer
Updated May 17, 2024
Our promise to you
WiseGeek is dedicated to creating trustworthy, high-quality content that always prioritizes transparency, integrity, and inclusivity above all else. Our ensure that our content creation and review process includes rigorous fact-checking, evidence-based, and continual updates to ensure accuracy and reliability.

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

Editorial Standards

At WiseGeek, we are committed to creating content that you can trust. Our editorial process is designed to ensure that every piece of content we publish is accurate, reliable, and informative.

Our team of experienced writers and editors follows a strict set of guidelines to ensure the highest quality content. We conduct thorough research, fact-check all information, and rely on credible sources to back up our claims. Our content is reviewed by subject matter experts to ensure accuracy and clarity.

We believe in transparency and maintain editorial independence from our advertisers. Our team does not receive direct compensation from advertisers, allowing us to create unbiased content that prioritizes your interests.

To file a disability lawsuit, the first step is gathering thorough documentation. Documenting discrimination due to a verifiable disability begins with your contact information, the name of the discriminating party, and a specific description of the actions that may be grounds for disability litigation. These records can be submitted to the appropriate local, state, or federal government agency that oversees the enforcement of laws against disability discrimination. Once the agency determines the law has been violated, you can contact a lawyer with experience in disability lawsuits.

If you demonstrate a legitimate disability lawsuit claim, the disability agency will issue you a written notice of your right to litigate. This legal document will also outline other relevant details concerning your legal rights; you can review any questions regarding these with your lawyer. In most jurisdictions, you have a limited number of days to begin the litigation procedure after receiving this right-to-litigate notice.

Depending on your area of residence, a disability lawsuit can be filed at either the state or federal level. Both the plaintiff and defendant should be notified in writing of the initial case merits within a reasonable time period. The plaintiff's attorney should carefully consider if the case could best be resolved through mediation or a trial. In many instances, disability discrimination litigation is more beneficial for both sides if it can be settled through mediation.

If your disability lawsuit proves difficult to resolve through mediation, a hearing before a judge is the next course of action. Some states allow the filing of disability discrimination lawsuits without first going through a governing agency regarding disability law; this is known as a private right of action. In most areas, you have the right to equal access regarding public buildings, business services, employment, and education. The scope of such laws is broad, and past disability lawsuits have helped in narrowing the laws down to specifics.

In jurisdictions that allow a private right of action, the process of your disability lawsuit may take less time. Written descriptions of the incident submitted to the court provide important information for both sides to review. Some disability lawsuits are more straightforward than others, depending in part on the nature of the disability. If you were denied equal access to employment, services, or education due to a physical handicap, for example, the law is a bit more specific and established in terms of penalties. If the denial was due to a nonphysical disability, a physician's documentation regarding the condition is likely to be required as well.

WiseGeek is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.

Discussion Comments

By anon354136 — On Nov 05, 2013

I live in El Paso, Texas and am in a wheelchair. The jail here in El Paso isn't ADA compliant, so they won't take me. Any help?

WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.

WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.