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Can I Be Compensated After a Data Breach?

NOTICE: If you received a NOTICE OF DATA BREACH letter, contact the attorneys at Console & Associates at (866) 778-5500 to discuss your legal options, or submit a confidential Case Evaluation form here.

If you’re like most people, learning that your sensitive personal information has been stolen can make you feel angry and fearful. This is especially the case if the security incident results in identity theft or some other type of fraud. Under United States data breach laws, companies have certain responsibilities to consumers related to their personal, financial, and healthcare-related data. Following a data security incident, consumers may be able to bring a lawsuit against a company that negligently stored, maintained or transferred their information.

If your information was compromised in a data leak, it is essential you understand what is at risk. The data breach lawyers at Console & Associates, P.C. proudly assist consumers whose information was exposed through all types of cybersecurity incidents to understand their rights and pursue the relief they are entitled to. We understand the United States consumer privacy laws and how to use them to secure compensation on behalf of data breach victims like you. We are available to immediately consult with you to discuss the incident, what risks you face as a result, and what you can do to hold the company responsible for the breach financially accountable.

Does a Company Compensate You for a Data Breach?

In theory, yes, a company that negligently caused a data breach should be required to compensate victims of the security incident. However, practically speaking, whether a company is legally required to compensate a data breach victim depends on various factors. For example, companies are only required to compensate data breach victims if the incident was the result of their negligence. Additionally, the extent to which a company compensates a victim depends on the type of information leaked and whether the victim suffered identity theft or other frauds as a result.

What Is a Data Breach Lawsuit?

A data breach lawsuit is a civil case filed against a company alleging that the company was negligent in the maintenance or storage of a consumer’s information. Often, data breach lawsuits are brought as class action lawsuits because the company’s alleged negligence impacts many consumers in similar ways. Most data breach lawsuits are brought under the legal theory of negligence, which requires the victim to prove that the breach was brought about by some act or omission of the company. The victim doesn’t need to prove that the company intentionally caused the data breach. Further, a negligent company cannot necessarily rely on the fact that the breach was orchestrated by a third-party criminal actor as a defense to a victim’s claim.

What Are My Legal Options After a Data Breach?

After a data breach, victims have two main options: do nothing or consult with a data breach lawyer about filing a lawsuit against the company. Doing nothing after a data breach is certainly easier, but it also opens you up to the possibility of identity fraud. It also can mean never receiving the compensation you deserve because companies are regularly required to compensate data breach victims for the damages they suffered as a result of the breach. Damages in a data breach case vary widely but can include future credit monitoring and compensation for the impact that the identity theft has on you and the time and expense you will go through to repair your identity.

Can I Sue a Company For a Data Breach?

Yes, after a data breach, those affected can bring a data breach lawsuit against the company. However, to succeed in their claim, the victim must prove that the company was negligent or otherwise violated the United States data breach laws.

Notably, courts have held that data breach victims are able to bring a claim even if they have not yet noticed any signs of identity fraud. This is based on the understanding that those who had their information stolen face an increased risk of identity theft far into the future. Of course, those victims who suffered actual identity fraud have a stronger claim to recover greater damages than those bringing a claim premised on an increased risk of harm. An experienced data breach lawyer can be instrumental in preparing an effective claim for recovery.

How Much Can You Sue a Company For Following a Data Breach?

Historically, damages awards in data breach lawsuits are all over the map. Thus, it’s difficult to state with any certainty how much the average data breach lawsuit is worth. However, as a general matter, victims of a data breach can recover for unauthorized charges to their accounts, damage to their credit, cost of credit repair or monitoring, time and expense associated with investigating and resolving identity theft and emotional distress. Many courts have held that data breach victims are able to bring a claim even if they have not yet noticed any signs of identity fraud. This is based on the understanding that those who had their information stolen face an increased risk of identity theft far into the future.

Reach Out to Console & Associates, P.C. to Learn More About Your Options After a Data Breach

At Console & Associates, P.C., our data breach lawyers vigilantly monitor all security and data breaches to help consumers pursue their legal remedies. We offer free consultations to victims of data breaches, during which we will explain your rights and options in clear, understandable terms so you can make an informed decision about what’s best for you. If you’ve been affected by a data breach or data security incident, Console & Associates, P.C., will investigate your case at no charge and offer you thoughtful advice about how to most effectively proceed with your case. If you decide to bring a case, we only get paid if you do. If your claim is successful, any legal fees are either paid by the defendant or come out of the funds recovered from the defendant. If your claim doesn’t result in a recovery, you will pay nothing.

To schedule your free consultation, just call (866) 778-5500 today or fill out our secure contact form.

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