Pines Salomon Personal Injury Lawyers | August 11, 2025 | Personal Injury
In a world where personal data is constantly collected, stored, and shared, the risk of a data breach is higher than ever. You may be entitled to financial compensation if your information was exposed in a data breach. But how much can you claim for a data breach? The answer depends on several factors. Here is what you need to know from our personal injury lawyers.
What Is a Data Breach Claim?
A data breach claim is a legal action taken by someone whose personal information has been exposed, accessed, or stolen due to an organization’s inadequate data security measures.
These breaches can involve sensitive data such as:
- Social Security numbers
- Bank account or credit card details
- Medical or health records
- Login credentials
- Addresses, phone numbers, or birth dates
A successful claim typically argues that the organization failed to take reasonable steps to safeguard your data, resulting in harm.
What Types of Damages Can You Recover?
The value of your claim depends on the extent of harm caused by the breach. Victims may be entitled to various compensatory damages, including economic and non-economic losses. Examples include:
Financial Losses
This includes direct and documented monetary damages tied to the misuse of your data, such as:
- Unauthorized charges or withdrawals
- Losses from identity theft or fraud
- Costs to replace credit cards or update compromised accounts
- Bank fees, loan denial costs, or lost interest
It is important to save all documentation related to fraudulent activity and financial recovery efforts. The more evidence you have, the stronger your claim.
Emotional Distress
The psychological toll of a breach can be real, even if no money was stolen.
Courts have awarded damages for:
- Anxiety and emotional distress
- Fear of future misuse of your data
- Loss of sleep or impact on mental health
- Time and energy spent trying to secure accounts
To support your claim, you may want to keep a journal or seek counseling that documents the mental and emotional burden of the breach.
Loss of Privacy
Some victims do not suffer financial loss in a data breach. Rather, they lose the right to control their personal information.
You may be entitled to compensation for:
- The exposure of confidential medical or legal records
- Public dissemination of private data
- The loss of control over personal information
Loss of privacy is an emerging area of damages that more courts are beginning to recognize.
Preventative and Remedial Costs
Preventing future harm after a data breach is necessary and expensive. Fortunately, these costs may be recovered in a legal claim.
Examples include:
- Credit monitoring subscriptions
- Identity theft protection services
- Fees for freezing or unfreezing credit
- Time off work to resolve issues or attend appointments
Keep receipts and records of any expenses or disruptions to your daily life to strengthen your case.
What Affects the Value of Your Data Breach Claim?
No two data breach cases are alike, but these factors may influence how much you may be entitled to recover:
- Type of data breached: More sensitive data, such as SSNs or health records, generally increases potential damages.
- Proof of actual harm: Your claim may be worth significantly more if you have already suffered identity theft or financial loss.
- Company’s negligence: Failing to patch known vulnerabilities or delaying breach notification can increase liability.
- Jurisdiction and applicable laws: Some states provide for statutory damages or have stricter data protection laws.
- Number of victims: You may be included in a class action lawsuit if you are part of a large-scale breach.
The more personal the data and the more serious the consequences, the higher the claim value generally is.
Contact Our Chula Vista Personal Injury Attorneys at Pines Salomon Personal Injury Lawyers After a Data Breach
Being the victim of a data breach is a violation of your privacy and peace of mind. Whether your damages are large or small, you have the right to hold companies accountable for failing to protect your information. Compensation can range from a few hundred dollars to tens of thousands, depending on the details of your case.
For more information, contact an experienced personal injury lawyer at Pines Salomon Personal Injury Lawyers to schedule a free initial consultation today.
We proudly serve San Diego County and its surrounding areas:
Pines Salomon Injury Lawyers – San Diego Office
835 5th Avenue #302, San Diego, CA 92101
(858) 551-2090
Available 24/7
Pines Salomon Injury Lawyers – La Jolla Office
4660 La Jolla Village Dr. San Diego, CA 92122
(858) 585-9031
Available 24/7
