You may need to hire expert witnesses, and that will be on your dime even if you win. If you lose or settle, plaintiffs will likely include their expertʼs costs in their total legal costs which you will most assuredly be asked to reimburse. Expenses for this would start at about $16,000 for each side, and grow the longer it takes to resolve the case.

Mediation / Arbitration Costs

You may be required by your court to go through mediation / arbitration before a court date will be set. You may even decide voluntarily that alternative dispute resolution is a good idea, given that an early settlement will put a halt to the cost of going through litigation. Either way, alternative dispute resolution is not a cheap process. An one-day, all-day mediation I was recently involved with cost $4300 for the mediator and the room, not including the attorney costs for either side which would have been substantial since 5 attorneys were involved which would have been another 20K just for their time at the mediation (not including prep or travel).

Conclusion

You may hear about $25,000 settlement agreements and think “so what, 25K is way less than it is going to cost me to fix all my inaccessible digital properties”. And the cost of repainting a parking space is substantially less than a 25K digital inaccessibility settlement agreement. But most 25K settlements and physical access remediation at large organizations come with a $1,000,000 price tag in all the other issues identified above totaled up. Now think about the fact that ANY NUMBER of potential plaintiffs could be filing those lawsuits against you. And then do your risk analysis again, and make the correct decision.