How Much Can I Claim for a Data Breach?
Data breaches are becoming increasingly common. The consequences of a data breach can be serious for individuals and businesses alike. If your personal information (like Social Security numbers, bank account details, or medical records) has been compromised, you may have options.
You may also wonder: how much can I claim for a data breach under Texas law? It is critical to understand your legal rights when your data has been breached. This will help you determine potential compensation and help you pursue your claim against the responsible parties.
When your sensitive information has been stolen, you have legal recourse.
What Is a Data Breach?
A data breach occurs when sensitive, protected, or confidential data is accessed, stolen, or disclosed without authorization. Common examples of data breaches include:
- Unauthorized access to personal financial accounts
- Exposure of Social Security numbers or government-issued identification
- Theft of credit card or debit card information
- Compromised medical records or health information
Even seemingly minor breaches can result in identity theft, financial loss, or emotional distress. If you suspect that your data has been compromised, it is important to act quickly.
Types of Damages in a Data Breach Claim
In Texas, you may be able to claim both economic and non-economic damages after a data breach. Economic damages are quantifiable financial losses caused by the breach, such as:
- Unauthorized withdrawals or fraudulent charges on bank accounts or credit cards
- Costs of credit monitoring or identity theft protection services
- Legal fees incurred to resolve fraudulent accounts or restore credit
- Lost income resulting from dealing with the breach or identity theft
Non-economic damages compensate for the intangible consequences of a breach, such as:
- Emotional distress, anxiety, or loss of peace of mind
- Disruption of daily life due to identity theft
- Loss of trust in a company or institution responsible for protecting your data
In cases where a company’s conduct was grossly negligent or willfully reckless, Texas law may allow for punitive damages. These damages are intended to punish the wrongdoer and deter similar behavior in the future.
For example, if a business ignored known security vulnerabilities or failed to comply with state data protection laws, punitive damages could be awarded.
How Your Claim Amount Is Calculated
The amount you can claim for a data breach depends on several factors. Some considerations to think about include:
- Extent of the breach: The number and sensitivity of the records exposed or stolen
- Financial losses: Documented losses directly resulting from identity theft or fraud
- Duration of impact: How long you have been affected, including time spent monitoring accounts and restoring financial security
- Emotional and personal impact: Evidence of stress, anxiety, or disruption of your life caused by the breach
- Company’s negligence: If the business failed to follow reasonable data security practices, it can increase potential damages
Because non-economic damages are subjective and punitive damages are complex, consulting an experienced attorney is crucial to accurately assessing your potential claim.
How a Texas Attorney Can Help
A knowledgeable attorney can provide invaluable assistance in a data breach case. Your attorney can:
- Investigate the breach: Attorneys can help determine how your data was compromised, who is responsible, and whether negligence was involved.
- Document losses: Gathering financial records, credit reports, and proof of emotional distress to support your claim.
- Negotiate with companies or insurers: Many companies will attempt to settle quickly for minimal amounts. An attorney can ensure that any settlement reflects the true losses and suffering you experience.
- Filing a lawsuit: If negotiations fail, your attorney can file a lawsuit to pursue full compensation, including punitive damages if applicable.
Recovering from a data breach can be stressful and time-consuming. Working with an experienced attorney can help ensure that companies are held accountable and that you are fairly compensated.
Contact The Dallas Personal Injury Law Firm of Benton Accident & Injury Lawyers Today
If you are recovering from a data breach, the aftermath can be complex. You don’t have to navigate this process alone. An experienced Texas attorney can evaluate your case, help quantify your losses, and fight to secure the maximum recovery in your case.
To learn more, contact the experienced Dallas personal injury lawyers at Benton Accident & Injury Lawyers today. We offer free consultations.
We proudly serve in Dallas County and its surrounding areas:
Benton Accident & Injury Lawyers
1825 Market Center Blvd # 350, Dallas, TX 75207
Phone: (214) 556-8321
Hours Open: 24/7
Our firm is located near you. We have an office in Dallas.
Find us with our GeoCoordinates: 32.7950252,-96.8241861