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Is 100k a good settlement for multiple ADA violations with retaliation? I Google avg ada settlement offers come up with 260k.

Los Angeles, CA |

I have a solid ADA case, multiple violations, with multipliers & verifiable damages. When I say I have a solid case I mean things like letters from my school telling me they are sending me to disciplinary hearings for using approved accommodations, and then actually doing it! this happened multiple times, I told them it was a violation and they still did it, one of the time they "punished" me by delaying my graduation by a year. I finally got a lawyer & they are offering 100k but 40k of that goes to my attorney... I lost a years income and acquired aprox 20k in costs as a result of their misconduct. my attorney says 100k is a good offer on an ada case but this offer leaves me 100k in the hole & doesn't account for and damages. Any thoughts are appreciated.

Attorney Answers 6

Posted

You can't just Google ADA settlement and expect to get for your case whatever the search results show. Numerous factors such as who the employer is, how much of the damages are provable, who the defense attorney/firm is, what stage of litigation the case is in, has it been mediated, etc matter as to how much your settlement can be. You need to discuss this with your attorney.

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Posted

It's very difficult to second guess your lawyer. I would rely on the lawyer you hired because he's in a much better position to determine the fair value of the settlement.

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Posted

You need to discuss your concerns with your lawyer. Each case is different. No one can offer an opinion without knowing all the facts.

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Posted

Nobody on this limited and public online forum can possibly tell you what your case is worth. Trust your attorney or find one that you can trust. Good luck to you.

http://www.johnphillipslaw.com

This answer is a general interpretation of the law and is not fact specific to your case. Likewise it does not create an attorney-client relationship. You should seek an attorney for a review of your specific facts and documents.

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Posted

The only way you can get an intelligent and helpful answer to your question is to hire an attorney to do a complete and thorough second opinion. This will take time and money. Absent someone spending the time to completely understand the dynamics of the situation, it would be reckless and foolhardy for an attorney to venture a guess at the proper value of your claim.

The value of a settlement is different in EVERY case. There are no two cases that are the same. There are literally dozens of factors that go into the value of a claim. It is possible that the offer made to you is an amazing offer you should jump at. It is also possible it is a terrible low-ball number you should reject outright.

At this point, the only people who know all of the facts are you and your present attorney. The only trained and experienced professional who knows all of the facts and the legal issues is your present attorney. Unless you want to take the time and spend the money for a real second opinion, you need to trust the attorney you hired.

Good luck to you.

This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.

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Posted

In cases where the client has serious reservations about an offer and the amount of the offer is sufficient to support additional professional fees for a clean method of resolving those doubts, it is a sound and prudent practice to consult with an attorney or law firm whose practice includes "second opinion" analyses and reports.

Second-opinion counsel offer skills, practices, and methods for relatively inexpensive analyses by examining selected portions of the case record, conducting limited interviews with key witnesses for assessment of their utility and strength as a witness, and scrutiny of other identifiable elements of influence for settlement evaluation. In some cases, the 2nd opinion is limited to evaluation of factual issues. In many cases, the 2nd opinion counsel also scrutinizes and evaluated the key legal arguments.

In all events, a second-opinion settlement analysis should be done only with the full knowledge and with the full cooperation and assistance of your present counsel. Your present attorney will remain your counsel throughout the 2nd opinion analysis and will be your trial counsel if the settlement offer is rejected based on the 2nd opinion.

As an attorney with an active second-opinion caseload, I can tell you categorically that skilled and experienced litigation attorneys are almost uniformly enthusiastic and constructive in their collaboration with second-opinion counsel, and always highly cooperative, straight-forward, and candid. There is no reason not to discuss your concerns and suggest this approach with your lawyer and go from there.

Good luck to you. Litigation against schools is a highly difficult practice area under even the strongest of factual allegations and evidence, and you are already in the victory column -- a considerable achievement. Congratulations to you and to your counsel.

No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. My law firm does not provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your license application and prescribe for you how to get a State license. Send me an email to schedule a paid Consultation for that kind of information, direction, and assistance. My law firm presently accepts cases involving State and federal licenses and permits; discipline against State and federal licenses; and disciplinary and academic challenges to universities, colleges, boarding schools, and private schools. We take cases of wrongful termination or employment discrimination only if the claims involve peace officers, universities or colleges.

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