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What is included in a data breach compensation claim?

data breach compensation

As data protection solicitors, one of the things we regularly get asked by people who have suffered because of a data breach is “what can I claim for”?

Data breaches can and do cause serious and lasting damage. To claim compensation, you must be able to prove that you suffered as a result of the breach. And, while each case is judged on its own merits, there are some things we would typically look for when it comes to recovering damages for victims of a data breach.

Financial losses

With enough information, cybercriminals can use your bank and credit cards, apply for credit in your name, set up fraudulent bank accounts and access your existing accounts. Evidence of financial losses include things like receipts, bank statements etc.

Distress

Even if you haven’t lost out financially after a data breach, this doesn’t mean that there is no harm done. A data breach can have a significant impact on you, both mentally and physically. For some people, the effects can include a lack of sleep, feeling ill, unsettled or confused. Stress can also affect your friends, your family and your job. When it comes to any psychological effects we may be able to arrange for a medical consultation to help prove your claim.

A number of our clients have suffered life changing consequences following a data breach. In many cases these clients have been examined by experts and have a confirmed diagnosis. Failing to acknowledge the impact a data breach can have on poor mental health is a mistake.

How much data breach compensation can you claim?

Data breach compensation following data hacks and confidentiality breaches can range from a few hundred pounds to tens of thousands of pounds.

For example, someone whose medical records were stolen could be entitled to £6,000. If you do go to court, it is up to the judge to consider all the circumstances, including the seriousness of the breach and the impact on you.

Typically, we would look to claim for:

  • Any money lost (e.g. if a cybercriminal used your bank card)
  • Stress, worry, and anxiety
  • Any recognised psychological injury
  • The effect that the leak has had on your social and home life
  • Any loss of earnings as a direct result of the breach (e.g. if you need time off work or lose your job)
  • The loss of future earnings (e.g. if you have to drop out of university)
  • Any expenses that you have had to pay as a result of the data breach (e.g. private medical care, travel expenses, accommodation, etc.).

How do we prove your claim?

Once you have told us that you want to make a data breach or cybercrime compensation claim, we will send you our initial documentation pack. This sets out what we will do for you, how we will do it, and what we need to proceed with your claim.

Within this pack, you will also find our data breach questionnaire. This lets you tell us as much about your case as possible. We ask you to complete this to best of your ability.

The type of questions we ask include:

  • When the data breach took place
  • When you found out about the data breach
  • What information was stolen/put at risk
  • If you have reported the data breach (e.g. to the ICO, the police etc.)
  • If you have you received any documentation admitting the breach (and if so, when)
  • Whether the organisation that put your data at risk has given you a reference number
  • If you have suffered any distress as a result of the data breach. And if so have you spoken to your GP about this
  • Whether you have any pre-existing vulnerability to distress or psychological trauma
  • Whether you have suffered any financial loss as a result of the breach. And if so, what these losses involve
  • Whether anyone else has been affected by the breach. And if so, who and how.

We need this information to ensure we make the strongest possible claim on your behalf.

Once you have signed and returned the necessary information to us, we will make a start on your case. It is not unusual that – on reviewing your impact form – we uncover information that allows us to increase the value of your claim significantly. What might seem irrelevant to you, could make a massive difference in the eyes of the law. That’s why appointing expert data breach compensation solicitors is essential.

How much does it cost to make a data breach compensation claim?

Access to professional legal advice is a fundamental right. That’s why it is vital that everyone can afford to make a data breach or cybercrime compensation claim should they need to.

Removing the financial risk, at Hayes Connor Solicitors, we provide our services on a no-win, no-fee basis to help our clients get the compensation they deserve. So, if we don’t win, you don’t have to pay us a penny.

If your claim is successful (and that’s what we all want!), you usually have to contribute towards your solicitor’s costs. This ‘success fee’ is taken from the compensation awarded to you. The amount of the success fee depends on when your case is settled, but with Hayes Connor Solicitors, you never have to pay more than 25% of your compensation.

What’s more, if enough people come forward to make a large group action claim, we might be able to waive this fee (by getting the other party to pay it instead of you). That would mean that there are no solicitor’s fees win or lose. We always make sure you are fully informed about any potential costs before we proceed.

Helping our clients get the compensation they deserve

Every day serious data breaches take place. And, all too often these breaches put people’s mental health and even their lives at risk.

Our data protection solicitors provide high-quality, sensitive legal advice and support to help victims of data breaches and cybercrime to claim compensation. We may be able to act for you on a NO WIN, NO FEE basis.

Find out more about making a data breach claim with Hayes Connor Solicitors.