You've Been Sued. Now What?
An accessibility demand letter arrived, or worse, a lawsuit. Now you need to fix your website. But how? You have three strategic options: quick fixes (remediation), comprehensive overhaul (retrofit), or complete rebuild. Each has different costs, timelines, and legal implications. Choosing the wrong strategy can cost millions.
The Three Strategic Approaches
Fix only the violations found in the lawsuit. Band-aid approach. Audit entire site, fix all accessibility violations systematically, maintain current architecture. Complete redesign and rebuild with accessibility-first approach from ground up.
Option 1: Remediation (Quick Fixes)
Fix only the specific violations mentioned in the lawsuit or demand letter. Nothing more. Typical Remediation Budget: Fixed Violations (20-50 issues): Development time: 40-80 hours @ $150/hr = $6,000-$12,000 Testing & QA: 10 hours @ $150/hr = $1,500 Project management: 5 hours @ $100/hr = $500 TOTAL: $8,000-$14,000 Fast-track option (1 week): Additional rush fees: +$2,000-$5,000 TOTAL RUSH: $10,000-$19,000 One-time investment. No ongoing cost. Advantages Fast implementation Low cost Quick settlement signal Minimal disruption to site Demonstrates responsiveness Disadvantages Doesn't fix unstated violations (you WILL be sued again) Piecemeal fixes create technical debt Multiple bug fixes needed as overlays fail Users with disabilities still encounter barriers Doesn't solve underlying architectural issues High risk of lawsuits within 12 months Legal Risk High: Other violations remain unfixed Serial litigation: Expect more lawsuits Demonstrates inadequate accessibility commitment Settlement shows you knew about violations Courts may view remediation-only as bad faith Real-World Outcome Company fixes 10 violations in demand letter. Sued again 6 months later for 50 different violations on different pages. Total legal and remediation costs: $100,000+
Small violations (specific pages, specific issues)
Urgent settlement agreements
Limited budget and time
External pressure (lawsuit settlement, government mandate)
1-4 weeks for most violations
Fastest option
Can demonstrate good faith quickly
Fast implementation
Low cost
Quick settlement signal
Minimal disruption to site
Demonstrates responsiveness
Doesn't fix unstated violations (you WILL be sued again)
Piecemeal fixes create technical debt
Multiple bug fixes needed as overlays fail
Users with disabilities still encounter barriers
Doesn't solve underlying architectural issues
High risk of lawsuits within 12 months
High: Other violations remain unfixed
Serial litigation: Expect more lawsuits
Demonstrates inadequate accessibility commitment
Settlement shows you knew about violations
Courts may view remediation-only as bad faith
Option 2: Retrofit (Comprehensive Overhaul)
Conduct a full accessibility audit of entire site. Fix all violations systematically while keeping current architecture and codebase. Typical Retrofit Budget (50-100 pages): Audit (professional VPAT): Manual + automated testing: $3,000-$7,000 Remediation (estimated 200+ violations): Development: 200-400 hours @ $150/hr = $30,000-$60,000 Testing & QA: 40 hours @ $150/hr = $6,000 Project management: 20 hours @ $150/hr = $3,000 Accessibility review: 30 hours @ $200/hr = $6,000 Content update (alt text, captions): 80-120 hours @ $75/hr = $6,000-$9,000 Conformance Report: VPAT or detailed documentation: $1,000-$3,000 TOTAL: $55,000-$94,000 (4-6 month project) Ongoing annual review: $3,000-$5,000/year Advantages Comprehensive - fixes 95%+ of violations Prevents serial litigation Demonstrates serious commitment Improves user experience for all users Better SEO and performance Creates maintainable code for future development Professional VPAT provides legal documentation Disadvantages More expensive than remediation Longer timeline (2-6 months) Requires hiring specialists (if not in-house) May require temporary site limitations during rollout Architectural debt may limit fixes on some features Legal Advantages Demonstrates systematic, good-faith effort Professional VPAT shows due diligence Comprehensive fix reduces future litigation Can support defense: "We audited and fixed everything" Documented remediation timeline shows good faith Real-World Outcome Company invests $75,000 in comprehensive retrofit. Settles lawsuit. No additional suits for 2+ years. Accessibility becomes competitive advantage.
Medium to large sites with systemic violations
Settling litigation with confidence
2-3 year old sites with architectural debt
Building long-term accessibility into roadmap
2-6 months for most websites
Phased approach (critical → high → medium → low)
Can parallelize with ongoing business
Comprehensive - fixes 95%+ of violations
Prevents serial litigation
Demonstrates serious commitment
Improves user experience for all users
Better SEO and performance
Creates maintainable code for future development
Professional VPAT provides legal documentation
More expensive than remediation
Longer timeline (2-6 months)
Requires hiring specialists (if not in-house)
May require temporary site limitations during rollout
Architectural debt may limit fixes on some features
Demonstrates systematic, good-faith effort
Professional VPAT shows due diligence
Comprehensive fix reduces future litigation
Can support defense: "We audited and fixed everything"
Documented remediation timeline shows good faith
Option 3: Rebuild (Complete Redesign)
Complete redesign and rebuild of website with accessibility-first approach from the ground up. Typical Rebuild Budget (100+ pages, complex): Design (accessibility-first): UX/UI design: 200-400 hours @ $150/hr = $30,000-$60,000 Development (WCAG 2.1 from ground up): Frontend/backend: 800-1,600 hours @ $200/hr = $160,000-$320,000 Testing & QA: 100-200 hours @ $150/hr = $15,000-$30,000 Content migration & updates: Alt text, captions, refactoring: 200-300 hours @ $75/hr = $15,000-$22,500 Accessibility review & certification: Professional audit + VPAT: $5,000-$10,000 Training (internal team): Accessibility best practices: 40-60 hours @ $150/hr = $6,000-$9,000 Project management & coordination: 12-18 month project: 100-150 hours @ $200/hr = $20,000-$30,000 TOTAL: $251,000-$481,500 (complex site) Smaller site (20-50 pages): $100,000-$150,000 Ongoing: Built into regular development cycle Advantages 100% accessibility compliance (if done right) Modern, maintainable code Accessibility baked into every decision Better performance and SEO Future-proofs against litigation for 3-5+ years Improves brand reputation Increases conversion (accessible sites convert better) Easier to maintain long-term Disadvantages Very expensive ($100k-$500k+) Long timeline (6-18 months) Risk of launch delays Requires significant upfront investment Team must learn accessibility best practices Business continuity during transition Legal Advantages Demonstrates maximum good-faith effort Courts view rebuild as serious commitment Prevents all future accessibility litigation (if done right) Shows company prioritizes accessibility Professional team involvement documented Real-World Outcome Fortune 500 company sued for ADA violations. Invests $300,000 in complete rebuild. Launches accessibility-first site. Dismisses existing lawsuits. Becomes industry leader in accessibility. Attracts accessibility-conscious users.
Very old sites (5+ years old)
Deeply broken architecture (impossible to retrofit)
Platform/CMS changes needed for accessibility
Multiple lawsuits or government enforcement action
Building accessibility into core platform
6-18 months depending on site complexity
Parallel development (old site continues running)
Staged migration reduces risk
100% accessibility compliance (if done right)
Modern, maintainable code
Accessibility baked into every decision
Better performance and SEO
Future-proofs against litigation for 3-5+ years
Improves brand reputation
Increases conversion (accessible sites convert better)
Easier to maintain long-term
Very expensive ($100k-$500k+)
Long timeline (6-18 months)
Risk of launch delays
Requires significant upfront investment
Team must learn accessibility best practices
Business continuity during transition
Demonstrates maximum good-faith effort
Courts view rebuild as serious commitment
Prevents all future accessibility litigation (if done right)
Shows company prioritizes accessibility
Professional team involvement documented
Decision Framework: Which Approach?
Violations are isolated (specific pages, specific issues)
Settlement agreement is imminent
Time pressure is extreme (immediate demand response)
Budget is severely limited ($10k-$20k)
Site is small (under 25 pages)
Risk acceptance: You understand you'll likely be sued again
Violations are systemic but site architecture is sound
Site is 2-5 years old with reasonable tech stack
Timeline allows 2-6 months
Budget is $50k-$100k
Site is medium-sized (25-200 pages)
You want to prevent serial litigation
Building accessibility into long-term roadmap
Site is 5+ years old with architectural problems
Violations are pervasive and deeply rooted
Multiple lawsuits or government enforcement action
Budget allows $150k-$500k+
Timeline allows 6-18 months
Platform/CMS change is needed
You want to eliminate accessibility risk long-term
Negotiating Settlement with Strategy
Good faith commitment to accessibility
Realistic remediation timeline
Professional involvement in fixes
Documentation and VPAT
Demonstration of testing
Prevention plan for future violations
Ongoing Maintenance: All Three Require It
Regardless of initial approach, ongoing maintenance prevents regression:
Annual accessibility audit: $3-5K
New feature review: Build into dev cycle (no additional cost)
Quarterly spot checks: Internal team (2 hours/quarter)
User feedback loop: Monitor user complaints
Add accessibility review to QA process
Developer training on accessibility best practices
Accessibility checklist for all new features
Automated testing in CI/CD pipeline
The Hybrid Approach (Most Common)
Fix critical violations (keyboard traps, form labels)
Demonstrate immediate good faith
Meet settlement timeline demands
Budget: $10-15K
Comprehensive audit and systematic fixes
Professional VPAT creation
Budget: $40-80K
Accessibility in development process
Annual reviews
Annual budget: $3-5K