Legal Question in Civil Rights Law in New York

Ada public accommodations complaint

On July 7, the New York state Division of Human is bringing a lawsuit on my behalf against the Regional Transit Service.

I am a person with physical and mental disabilities, and I have been denied use of the lifts or ramps on the bus. I am planning on asking for $100,000, because a similar case in Tennessee was recently settled for that amount. Is this appropriate? Who sets the ceiling on damages, and how much am I allowed to ask for? Thanks for your guidance. I hope you are well.


Asked on 6/19/04, 9:59 pm

1 Answer from Attorneys
Regina Mullen Legal Data Services, PLC

Re: Ada public accommodations complaint

You should retain counsel for the purpose of setting an amount. You should not expect to get what you ask for, but you should make sure not to undersell your claim. Only a lawyer with civil rights experience with juries in your area can help you with this. It will cost you a few hours time, but you can fold that into the settlement demand. Making a demand is not something clients usually do, actually, because the lawyer is the one who drafts the complaint. If a third party is bringing the lawsuit, you should still consider retaining your own counsel to safeguard the process.

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Answered on 6/20/04, 1:18 am


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